Category: SCOKY Decisions
Case Note: Estate of Christina Wittich v. Michael Joseph Flick, SC, June 15, 2017 (Published)
The Estate of Christina Wittich, Etc. v. Michael Joseph Flick 2015-SC-000114-DG June 15, 2017 Opinion of the Court by Chief Justice Minton. All sitting; all concur. The Court affirmed the Court of Appeals and held that the...
Read MoreTRIAL PROCEDURE & EVIDENCE: Proffer of expected testimony found by SCOKY to be too vague to preserve error on appeal (Eric Henderson vs. Commonwealth of Kentucky SC Published 8/21/2014)
From the former practice of preserving testimony with an avowal to the KRE 103 proffer of expected testimony, a trap is laid for the need for specificity and clarity falling short of the actual avowal of the testimony of...
Read MoreSC: August 21, 2014 Summaries of Published Opinions from Supreme Court of Ky
The Supreme Court of Kentucky released its summary of published opinions for August 21, 2014. These published opinions included the following injury law, tort, insurance, and civil decisions: IMMUNITY Virginia Gaither...
Read MoreCOMMONWEALTH OF KENTUCKY V. FLOYD WRIGHT. Granted Discretionary Review on 12/11/2013
COMMONWEALTH OF KENTUCKY V. FLOYD WRIGHT. Granted Discretionary Review on 12/11/2013 Lower Court: PENDLETON CIRCUIT COURT; NO. 10-CR-00076 Lower Court Judge: HON JAY DELANEY Issue: Abuse of discretion to allow jury to take...
Read MoreTIM DAVIS AND TIM DAVIS & ASSOCIATES, INC. V. JOHN J. SCOTT AND WHITLOW & SCOTT 2013-SC-000682-DG
TIM DAVIS AND TIM DAVIS & ASSOCIATES, INC. V. JOHN J. SCOTT AND WHITLOW & SCOTT 2013-SC-000682-DG Granted Discretionary Review on 11/13/2013 Lower Court: HARDIN CIRCUIT COURT; NO. 10-CI-02530 Lower Court Judge: HON...
Read MoreOLIVIA JOHNSON V. COMMONWEALTH OF KENTUCKY 2013-SC-000383-DG
OLIVIA JOHNSON V. COMMONWEALTH OF KENTUCKY 2013-SC-000383-DG Granted Discretionary Review on 11/13/2013 Lower Court: JEFFERSON CIRCUIT COURT NO.: 12-XX-00038 Lower Court Judge: HON SEAN ROBERT DELAHANTY Issue: Supreme Court...
Read MoreCOUNCIL ON DEVELOPMENTAL DISABILITIES, INC. V. CABINET FOR HEALTH AND FAMILY SERVICES 2013-SC-000357-DG
COUNCIL ON DEVELOPMENTAL DISABILITIES, INC. V. CABINET FOR HEALTH AND FAMILY SERVICES 2013-SC-000357-DG Granted Discretionary Review on 11/13/2013 Lower Court: FRANKLIN CIRCUIT COURT 10-CI-01325 Lower Court Judge: HON THOMAS...
Read MoreETHAN THOMAS HUGHES V. COMMONWEALTH OF KENTUCKY 2013-SC-000291-DG
ETHAN THOMAS HUGHES V. COMMONWEALTH OF KENTUCKY 2013-SC-000291-DG Granted Discretionary Review on 11/13/2013 Lower Court: Crittendon Circuit Court Lower Court Judge: Judge C. RENÉ WILLIAMS Issue: Criminal Law, statutory...
Read MoreMARY BANKER AND BRYAN CASSIS V. UNIVERSITY OF LOUISVILLE ATHLETIC ASSOCIATION, INC. 2013-SC-000108-DG
MARY BANKER AND BRYAN CASSIS V. UNIVERSITY OF LOUISVILLE ATHLETIC ASSOCIATION, INC. 2013-SC-000108-DG Granted Discretionary Review on 11/13/2013 Lower Court: Jefferson Circuit Court 10-CI-00991 Lower Court Judge: Judge...
Read MoreLOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT V. O’SHEA’S-BAXTER, LLC 2013-SC-000085-DG
LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT V. O’SHEA’S-BAXTER, LLC 2013-SC-000085-DG Granted Discretionary Review on 11/13/2013 Lower Court: Franklin Circuit Court 10-CI-00991 Lower Court Judge: Judge Barry Willett Issue:...
Read MoreRICHARD C. OLIPHANT, M.D. VS. BILLY JO RIES, ETC. 2013-SC-000059-DG
RICHARD C. OLIPHANT, M.D. VS. BILLY JO RIES, ETC. 2013-SC-000059-DG Granted Discretionary Review on 11/13/2013 Lower Court: Jefferson County 05-CI-002925 Lower Court Judge: Judge Barry Willett Issue: Medical negligence and...
Read MoreRobert Mason Parker vs. Commonwealth of Kentucky 2011-SC-000662-DG
Robert Mason Parker vs. Commonwealth of Kentucky 2011-SC-000662-DG Granted Discretionary Review on 11/13/2013 Lower Court: Jefferson County 09-CR-001470 Lower Court Judge: Mary Shaw Issue: Suppression motion and timeliness of...
Read MoreWilma Jean Shelton vs. Kentucky Easter Seals Society, Inc., 2011-SC-000554-DG, SC, Published 11/22/2013 – Open and Obvious Doctrine Buried
A 4-3 decision announced this past week and authored by Chief Justice Minton should end nearly three years of parsing and quibbling over their earlier decision in Kentucky River Medical Center v. McIntosh, 319 S.W.3d 385 (Ky....
Read MoreExperts: Daubert Hearing Admits Hair Comparison Evidence but SCOKY reminds all that prior rulings on admissibility “not set in stone” (Meskimen vs. Commonwealth of Kentucky, SCOKY, Pub, 4/25/2013
Although SCOKY affirmed the scientific evidence of “hair comparison” evidence which has been historically admissible in Kentucky, Justice Scott shot a warning volley over the bow of Daubert with a bit of a warning...
Read MoreProducts liability and apportionment addressed regarding empty share defendants in case who had settled previously
Certainteed Corportation v. Ava Nell Dexter, ET AL. 2008-SC-000886-DG December 16, 2010 Opinion of the Court by Justice Noble Reversing and Remanding. Cunningham, Schroder, Scott and Venters, JJ., concur. Minton, C.J., concurs...
Read MoreDiscovery work product; common law work product protection applied in this case which is broader thatn CR 2k6.02(3)(a) which is limited to parties by its plain language
Michael J. O’Connell, Et al. v. Honorable Frederic J. Cowan, Et al. 2009-SC-000596-MR (Original Opinion: May 20, 2010; Modified: December 16, 2010) Opinion of the Court by Chief Justice...
Read MoreArbitration; Provision in contract prohibiting class action was void as unconscionable and a contract of adhesion
Michael Schnuerle, Amy Gilbert, Lance Gilbert and Robin Wolff v. Insight Communications Company, L.P. And Insight Communications Midwest, LLC 2008-SC-000789-DG December 16, 2010 2009-SC-000390-DG December 16, 2010 Opinion of the...
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