Published appellate cases for this week – August 14, 2015:
- 678. Breach of contract and fraud; compensatory and punitive damages; closing arguments
Nami Resources Co. LLC vs. Asher Land and Mineral LTC
Opinion affirming; Bell County
Affirmed jury verdict award of $1,308,403.60 in compensatory damages and $2,686,000.00 in punitive damages for breach of contract and fraud. - 680. Medical negligence; res ipsa loquitor applied; summary judgment reversed
Mark Sietsma vs. Dr. John Adams, MD
Opinion reversing and remanding; Hardin County - 682. Medical negligence; misdiagnosis; reversed in part on causation; delay and damages
Desiree Douglas vs. Advanced Pain Medicine PSC
Opinion affirming in part, reversing in part; Fayette County - 686. Negligence. “Key in ignition” claim.
Lashonda Fentress vs. Martin Cadillac, Inc.
Hardin County; COA Opinion Affirming
Affirmed summary judgment dismissing auto negligence claim based on “key in ignition” theory of liability (KRS 189.430) when car stolen and cause
688. Standing. Affirmed CR 12.02(f) dismissal of multiple causes of action in business law suit (breach of fiduciary duty; fraud by omission; misappropriation; unjust enrichment) for lack of standing; elements addressed within context of standing - 688. Standing. Business claims. Dismissal.
David Griffin vs. Sarah C. Jones
Fayette; COA Opinion Affirming
Griffin lacked standing to assert his claims of breach of fiduciary duty, fraud by omission, misappropriation, and unjust enrichment against Sarah; at best, those claims were entirely derivative in nature. - 691. Criminal Sentencing. Trial court failed to use KRS 533.256(2) criteria when entering order voiding pretrial diversion
Blondell Richardson vs. Commonwealth of Kentucky
Estill; COA Opinion reversing and remanding - 693. Family Law. Grandparent visitation
Deborah Navy vs. Larry Massie
Greenup; COA Opinion vacating and remanding
Reversed and remanded trial court order denying grandparent visitation.
Selected not to be published decisions on tort, insurance and civil–
See “boldfaced” decisions above that are published. For nonpublished, then read on.
- 689. Garnishment of Inmate Account upheld.
Stephen R. Nunn vs. Diana Ross as Pers. Rep. of Estate of Amanda Ross
Fayette; Nonpublished COA opinion affirming - 695. Qualified Official Immunity could not be asserted
Thompson vs. Smith
Knott; NPO COA opinion affirming and remanding - 697. Insurance Bad Faith. Incorporation by referenced in insurance contracts.
General Star Indemnity Co. vs. Withrow
Bath; NPO COA opinion affirming
Kentucky law does not permit insurance contracts to incorporate by reference – “[n]o agreement in conflict with, modifying, or extending any contract of insurance shall be valid unless in writing and made a part of the policy.” KRS 304.14-180(1). Insured may not “waive” coverage after a loss. If policy holders who injured or killed third parties were allowed to unilaterally waive coverage after the injury or death, the very public policy of Kentucky insurance law – i.e., to fully compensate victims – would be thwarted. See State Farm Mut. Auto. Ins. Co. v. Marley, 151 S.W.3d 33, 36 (Ky. 2004). We find no basis for concluding that Phoenix either could or did waive coverage after the accident involving its vehicle, and we find no error on this issue.
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