The Court of Appeals posted 26 decisions this week, numbered 724 through 749 with 6 cases designated for publication.

Big week for torts, insurance and procedure cases with nine of all the cases, published and non published dealing with these areas.

All decisions regardless of publication are posted and can be read, but just cannot be cited as legal authority.    You will find the complete list of this weeks decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

Published Court of Appeals Decisions
Here are the links to the full text of each published case for this week (9/2/2016) with a short synopsis or topic listed for each.

724.  Torts. Indemnity, contribution, apportionment.
Memorial Sports Complex, LLC v. McCormick
Court of Appeals Published Opinion AFFIRMING Jessamine Cir Ct.’s dismissal of indemnity, contribution and apportionment against third party  contractor who built the sports field complex but was alleged to have had a defective track along the outfield fence.

732.  Venue.  Challenge of Medicaid decision on reimbursement of provider
Commonwealth of Kentucky Cabinet for Health and Family Services v. Sexton
Court of Appeals Published Opinion and Order VACATING AND REMANDING  Harlan Cir Ct. ORDER DENYING MOTION TO DISMISS on grounds venue is improper and vacating the decision of the trial court and remand the matter for actions consistent with this opinion.

736.  Criminal Law.
McGuffin v Commonwealth of Kentucky 
Court of Appeals Published Opinion  AFFIRMING Grayson Cir Ct jury convicting criminal defendant of persistent felony offender.

745.  Premises Liability
Dam v Ginter
Court of Appeals Published Opinion AFFIRMING Woodford Cir Ct order dismissing plaintiff’s claim against landowner for injuries on sidewalk for failure to state a claim since landowner’s duties to public sidewalk were not the same as those of her own.

746.  Maintenance. Alter, amend or vacate for failure to mail order
Hoffman v. Hoffman
Court of Appeals Published Opinion REVERSING and REMANDING Jefferson Cir Ct order denying motion to alter, amend or vacate an order reducing maintenance concluding she was entitled to relief since the clerk failed to promptly mail the order reducing the maintenance

747.  Sovereign immunity.  Maintenance of traffic light.
Commonwealth of Kentucky Transportation Cabinet v. Watson
Court of Appeals Published Opinion REVERSING and REMANDING McCreary Cir Ct in an interlocutory appeal against Department of Highways for claimed failure to maintain traffic light and for which DOT claim sovereign immunity

748.  Family Law.  Custody and required findings.
Retherford v. Monday
Court of Appeals Published Opinion VACATING and REMANDING G Casey Cir Ct judgment as to primary residential custodian on alleged error of court failing to make specific findings and merely adopting the proposed finding submitted by the father of the child.

Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:

726.  Insurance Coverage.  No UIM coverage on at-fault vehicle insured under policy.
Simmons v GEICO Indemnity Company
COA Not to Be Published Opinion AFFIRMING
[broken link in original minutes, corrected above]

728.  Civil Procedure.  CR 11 Sanctions.
Jones v. Jayweera, Dr. Nanvaka DMD
COA Not to Be Published Opinion AFFIRMING CR 11 sanctions against pro se plaintiff in medical negligence

729.  Workers Comp.  Third party liability. Up the ladder.
Bowman v. Meadowview Regional Medical Center LLC
COA Not to Be Published Opinion  AFFIRMING summary judgment in favor of Meadowview in third party liability in workers comp claim finding the hospital hired security firm qualified for up-the-ladder immunity when security guard injured at the hospital.

739.  Civil Procedure.  Failure to prosecute. Dismissal.
Auto-Select, LLC v. Auto-Owners Ins. Co.
COA Not to Be Published Opinion AFFIRMING affirming dismissal of insured’s claim for failure to prosecute.

745.  Premises Liability
Dam v Ginter
Court of Appeals Published Opinion AFFIRMING Woodford Cir Ct order dismissing plaintiff’s claim against landowner for injuries on sidewalk for failure to state a claim since landowner’s duties to public sidewalk were not the same as those of her own.

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