Old Post Card of “Birds Eye View of Louisville” in 1876.
The Kentucky Court of Appeals announced 11 decisions on April 3, 2015, with three (3) of their opinions designated to be published.
Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Adminisrative Office of the Courts.
Click here for all of a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).
For the complete set of this week’s minutes listed all decisions (published and not to be published) with links to the full text of each at the AOC, the continue reading below the digested summaries of this week’s published cases.
Published appellate cases for week of April 3, 2015:
266. Criminal Law. Polling Jury; Voir Dire; Challenge of police officer
Jeffrey King vs. Commonwealth of Kentucky
COA Published; 4/3/15; Affirming
LAMBERT, J., JUDGE: Jeffrey King appeals from a Madison Circuit Court judgment and sentence entered after a jury found him guilty of first-degree trafficking in a controlled substance, first offense. We affirm.
267. Administrative Due Process; Termination of Government Employment
Administrative Office of the Courts vs. Martin Vieaud
COA Published; 4/3/2015; Affirming in Part, Reversing in part
CLAYTON, JUDGE: This is an appeal from a decision of the Franklin Circuit Court reversing and remanding the Appellee’s termination due to violations of his due process rights. Based upon the following, we affirm in part and reverse in part.
273. Exclusive Remedy of Workers Comp; “Up the Ladder” Defense
Ervin Cable Construction, LLC vs. Bryan Lay
COA Published; 4/3/15; Vacating and Remanding
VANMETER, JUDGE: Ervin Cable Construction, LLC appeals from the June 9, 2014, order of the Jackson Circuit Court denying its motion for summary judgment. For the following reasons, we vacate the trial court’s order and direct the court on remand to enter an order granting summary judgment in favor of Ervin Cable.
At the hearing before the trial court, the parties acknowledged that Ervin Cable and Advanced Cable had a contractor/subcontractor relationship, and the record reveals as much. We fail to appreciate Lay’s present claim to the contrary.6 Based on the record and applicable law, Ervin Cable was entitled to up-the-ladder immunity from Lay’s tort action pursuant to the exclusive remedy provision contained in KRS 342.690 and the trial court erred by holding otherwise. Likewise, we do not appreciate Lay’s assertion that his injury was not work-related. This assertion is clearly refuted by the record.
Tort Report:
See published opinions above re: jurors (criminal case) and workers compensation up the ladder defense.
265. Challenges for Cause Jurors
Myrtle Taylor, Adm’x vs. Dr. Lawrence Williams
COA Not Published Opinion (NPO) 4/3/2015
Affirming – Jefferson Cir Ct.
VANMETER, JUDGE: Litigants are entitled to a fair and impartial jury, composed of jurors who are not biased towards either party. When a juror’s qualifications are challenged on a claim of bias, a trial court is to weigh the totality of a juror’s responses and demeanor in making a determination as to whether that juror has demonstrated a probability of bias. The primary issue we must decide in this case is whether the Jefferson Circuit Court abused its discretion in denying the plaintiffs’ motion to strike two prospective jurors for cause and subsequently denying their motion for a new trial. We hold that the trial court did not abuse its discretion, and affirm its judgment on that issue, as well as the other issues presented.
269. Medical Negligence – informed consent and burden of proof on expert witnesses
Richard Thompson vs Dr. Alex Argotte
COA NPO 4/3/2015
Affirming – McCracken Cir Ct.
TAYLOR, JUDGE: Richard Thompson and his wife Crystal Thompson (collectively referred to as appellants) bring this appeal from a September 19,2013, summary judgment of the McCracken Circuit Court dismissing their negligence claims against Alex Argotte, M.D., P.S.C., Alex Argotte, M.D., personally and individually (Argotte), New Life Surgical Weight Loss Center of Western Kentucky, Inc., and Mercy Health Partners-Lourdes, Inc. (Lourdes Hospital) (collectively referred to as appellees). We affirm.
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