Second and Current Kenton County Courthouse located in Independence, Kentucky. Built in 1911.
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April 22, 2016 Published Court of Appeals Decisions
Links are to full text of PDF published cases for this week.
334. Employment Law. Damages. Age Discrimination.
Vernon Starr vs. Louisville Graphite, Inc.
Court of Appeals Published Opinion AFFIRMING IN PART AND REVERSING AND REMANDING Jefferson Cir. Ct. summary judgment in favor of Louisville Graphite, Inc. on his age discrimination claim under the Kentucky Civil Rights Act (KCRA), an order denying him liquidated damages under Kentucky’s Wages and Hours Act, and an award of attorney fees in an amount substantially less than requested. We affirm the summary judgment on the KCRA claim. COA affirmed the denial of liquidated damages but reverse and remand for reconsideration of the attorney fees awarded.
338. Criminal Law. Jury instruction in error.
Billy Reed Caudill vs Commonwealth of Kentucky
Court of Appeals Published Opinion VACATING AND REMANDING Franklin Cir. Ct jury instructions were erroneous.
KRS 503.120(2) provides that when acting wantonly or recklessly toward an innocent bystander, Caudill was not entitled to act in self-protection. The instructions as presented to the jury were erroneous under KRS 503.120(2). Because the jury was deliberating with improper jury instructions, we cannot say that the error was harmless.
350. Criminal Law. Evidence. Rule 403 Balancing Test
Purdom vs. Commonwealth of Kentucky
Court of Appeals Published Opinion REVERSING AND REMANDING for further proLawrence Cir Ct. Jury Verdict. On appeal, Purdom claims the trial court should have excluded all sexually explicit videos, especially since he offered to stipulate they contained child pornography, and should have granted his directed verdict motion. Having reviewed the briefs, the record and the law, we reverse and remand for further proceedings due to the trial court’s failure to conduct the balancing test required by case law and KRE3 403.
Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:
348. Toxic Tort. Experts and Causation.
Jimmy Rogers vs. Columbia Gas Transmission Corp.
COA Not to Be Published Opinion AFFIRMING Clay Cir Ct. Summary judgment in favor of Columbia Gas determining the appellants Rogers could not prove the requisite causation element of their toxic tort action based on the expert testimony offered.
354. Tortious Interference with Employment relationship.
Willie Love Talley vs. Ronald McCauley
COA Not to Be Published Opinion Affirming Anderson Cir Ct. dismissal of his action for tortious interference with employment relationship for failure to establish the essential elements of his claim.
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