Cross v. Melton COA Not to be Published (6/1/18) On appellate review, when determining “whether a trial court erredby: (1) giving an instruction that was not supported by the evidence; or (2) not giving an instruction that was...
Read MoreKuchle Realty Co. v. Commonwealth of Kentucky Dept of Transportation COA Published 6/1/2018 The authority to condemn is subject to the constitutional restrictionthat the taking be for “public use” and the condemnee receive...
Read MorePersels & Associates LLC v. Capital One Bank COA PUB 2/14/2014 (Presiding Judge Clayton) Daviess County, Trial Judge Joseph Castlen, III CLAYTON, JUDGE: Persels & Associates, LLC appeal the Daviess Circuit Court’s...
Read MoreFord Contracting, Inc. v. Kentucky Transportation Cabinet COA PUB 2/7/2014 ACREE, CHIEF JUDGE: Ford Contracting, Inc. appeals the February 21, 2012 order of the Franklin Circuit Court reversing in part and affirming in part the...
Read MoreStephanie Foster v. Jennie Stuart Medical Center Christian County, Judge John L. Atkins Court of Appeals, Published 9/20/2013 “[W]e have a duty to accord to words of a statute their literal meaning unless to do so would...
Read More902. Summary Judgment Reversed on Appeal; Torts. Slip and Fall, Premises Liability, Ice and Natural Hazards Ollie Barker vs. John D. Northcutt Rowan County, Judge William Evans Lane Not to be Published, 9/20/2013 Here is the...
Read MoreBAILEY (BUDDY LEE) VS. BAILEY (LINDA BETH) OPINION AFFIRMING LAMBERT (PRESIDING JUDGE) CAPERTON (CONCURS) AND MAZE (CONCURS) 2012-CA-000508-MR TO BE PUBLISHED SPENCER On appeal, Buddy argues that the trial court’s June 13, 2011,...
Read MoreHere 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 MoreFurthermore, “[i]t is well established that construction and interpretation of a written instrument are questions of law for the court.” Cinelli, 997 S.W.2d at 476 (citing Morganfield Nat’l. Bank v. Damien Elder & Sons, 836...
Read MoreWhen a trial court is presented with a Kentucky Rules of Civil Procedure (CR) 12.02 motion to dismiss, the court must take every well-pleaded allegation of the complaint as true and construe it in the light most favorable to the...
Read MoreThis nonpublished decisions addresses failure to preserve error and raise it on appeal for the first time: Grant v. Warren County, COA, NPO, 8/10/2012 As a general rule, a party is not permitted to raise an issue for the first...
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 MoreThe following decision summarizes the law regarding appeal of summary judgment ruling. Although not an issue presented, we clarify a procedural point. A denial of summary judgment is generally interlocutory and not appealable....
Read MoreStatute of Limitations Ruling by trial court. A question of law, and when within the context of applying the SOL in a UIM context a question of contract interpretation, too. Review on appeal: From Hill v. State Farm, COA, Pub.,...
Read MoreArnett v. Hutchens, COA, NPO, 6/29/2012 STANDARD OF REVIEW The proper standard of review of a decision to deny a writ of prohibition“depends on the class, or category, of writ case.” Grange Mut. Ins. Co. v. Trude, 151 S.W.3d...
Read MoreO.(R.) VS. C.(A.) COA, Published, 3/26/2012 We review the constitutionality of punitive damages de novo. Steel Technologies, Inc. v. Congleton, 234 S.W.3d 920, 931 (Ky. 2007); McDonald’s Corporation v. Ogborn, 309 S.W.3d 274,...
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 More1045. ATTORNEY FEES. CONTRACT VS. QUANTUM MERUIT UPON VOLUNTARY WITHDRAWING.BRADLEY (SAM), ET AL.VS.ESTATE OF HERMAN LESTEROPINION VACATING AND REMANDINGACREE (PRESIDING JUDGE)DIXON (CONCURS) AND LAMBERT...
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