Here is another decision by the Court of Appeals addressing the standard of review of a motion for directed verdict or JNOV, but this time it is in a published decision. Although the law is the law, a decision that has been...
Read MoreThe following decision addressed the appellate standard of review of a denial by the trial court of a motion for judgment notwithstanding the verdict (JNOV) and motion for directed verdict. MARLOW VS. BUCK OPINION AFFIRMING...
Read MoreMARLOW(PATRICIA), AS ADMINISTRATRIX, ET AL. VS. BUCK (JAMES) OPINION AFFIRMING NICKELL (PRESIDING JUDGE) MOORE (CONCURS) AND TAYLOR (CONCURS IN RESULT ONLY) 2012-CA-000125-MR 2012-CA-000189-MR NOT TO BE PUBLISHED 4/12/2013...
Read More232. Rule 11. COA affirmed denial of sanctions. 3/1/2013 Published Decision by COA Lexington Investment Co. vs. Randy Willeroy MAZE, JUDGE: Lexington Investment Company, Inc. and Mathew Stockham (collectively, “the Brokers”)...
Read MoreWe review the denial of a motion to intervene as a matter of right for clear error. Carter v. Smith, 170 S.W.3d 402, 409 (Ky. App. 2004). However, a court’s evaluation of the timeliness of a motion to intervene is reviewed under...
Read More1165. CIVIL PROCEDURE (DIRECTED VERDICT). INSTRUCTIONS. PAIN, SUFFERING, INCONVENIENCE.FERGUSON (BARBARA)VS.UNDERTOW TRUCKING, INCOPINION AFFIRMINGCLAYTON (PRESIDING JUDGE)ACREE (CONCURS) AND WINE...
Read More1165. CIVIL PROCEDURE (DIRECTED VERDICT). INSTRUCTIONS. PAIN, SUFFERING, INCONVENIENCE.FERGUSON (BARBARA)VS.UNDERTOW TRUCKING, INCOPINION AFFIRMINGCLAYTON (PRESIDING JUDGE)ACREE (CONCURS) AND WINE...
Read MoreIn Gant v. State Farm, NPO, COA 4/22/2011, Judge Moore in a nonpublished COA decision dealt within the PIP context the proof needed to obtain lost wages by a self-employed claimant. In this case, the claimaint presented a...
Read MoreIn Jones v. Stucker, the COA in a nonpublished decision, dated 2/25/2011 applied the abuse of discretion standard to the trial court's ruling on motion to reconsider and rescind a prior order of the trial court which had...
Read MoreUpon review of a directed verdict, it must be determined “if a reasonable person could only conclude that movant was entitled to a verdict.” Zapp v. CSX Transportation, Inc., 300 S.W.3d 219, 221 (Ky. App. 2009)(citing CR 50.01;...
Read MoreGoldsmith v. Fifth Third Bank2008-CA-001414 10/30/09 2009 WL 3486696Opinion by Judge Wine; Judges Acree and Stumbo concurred. The Court vacated and remanded an order of the circuit court granting appellant CR 60.02 relief and...
Read MoreBrian Jaroszewski & Amy Page-Jaroszewski v. Charles F. Flege & Karen Jaroszewski2008-SC-000112-DG October 29, 2009Opinion by Chief Justice Minton; all sitting. Plaintiffs in a tort action appealed the trial court’s grant...
Read MoreFirst Horizon Home Loan Corporation v. Barbanel2008-CA-000083 07/02/2009 2009 WL 1884397Opinion by Judge Acree; Judge Nickell and Senior Judge Knopf concurred. The Court affirmed an order of the circuit court denying appellants’...
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