The Kentucky Court of Appeals announced 13 decisions on Aug. 29, 2014, with one case published). Our tort report of decisions of interest to Louisville and Kentucky injury attorneys dealing with torts, insurance and civil procedure include: negligent hiring, supervision or retention of church employee whose negligence proximately caused the death of several minors (church campers) in Big Spring Assembly of God,Inc. vs. Stevenson out of Nelson County.
Danville. City of Firsts with First Law School in the West – 1799.
There was one published case:
793. Administrative Law. Medicaid Reimbursement.
Commonwealth of Kentucky vs. Rivervalley Behavioral Health
COA, Published; 8/29/2014 Opinion Affirming (Franklin County)
MAZE, JUDGE: The Commonwealth of Kentucky, Cabinet for Health and Family Services (the Cabinet), and the Cabinet Secretary appeal from a May 30, 2012 opinion and order by the Franklin Circuit Court which granted the statutory appeal by RiverValley Behavioral Health and set aside the Final Order entered by the Cabinet Secretary. The Cabinet primarily argues that the circuit court failed to give proper deference to its interpretation of the controlling statutes and regulations regarding the setting of Medicaid reimbursement rates. However, we agree with the circuit court that the Cabinet acted in excess of its statutory authority by freezing RiverValley’s reimbursement rates for seven years without reference to its actual costs. We further agree with the circuit court that the Secretary’s Final Order failed to set forth sufficient findings to explain the deviation from the hearing officer’s recommended findings concerning the amount which RiverValley is owed. Consequently, the circuit court properly adopted the recommended order, and we affirm.
“Continue reading” for the Tort Report and a complete copy of this week’s minutes of ALL decisions with links to their full text.
The Tort Report – Selected decisions this week on tort, insurance and civil law (continue reading).
787. Torts. Negligent Hiring, Supervision or Retention; Church employee. Mandy’s law. Ratification.
Big Spring Assembly of God,Inc. vs. Stevenson
COA Not Published 8/29/2014
Affirming, Nelson County
This case arises from the tragic motor vehicle accident in Nelson County where its youth minister left the campground of the church’s summer camp and allowed a 13 year old to drive the van which then had a fatal accident. Suits were filed by the estates of the deceased children (and parents’ loss of consortium) against the youth minister (who initially lied about who was driving the van) Ronald Derek Coulter.
TAYLOR, JUDGE: Big Spring Assembly of God, Inc. (Big Spring Assembly) brings Appeal No. 2012-CA-001350-MR and Melissa Stevenson, Administrator of the Estate of Jamie Mitchell (the Estate)(minor driving the van), James Mitchell and Rebecca Coleman bring Cross-Appeal No. 2012-CA-001423-MR from a May 22, 2012, judgment on jury verdict of the Nelson Circuit Court awarding the Estate $790,000 for the negligent wrongful death of their son, Jamie Mitchell, and awarding $60,000 to both James and Rebecca for the loss of consortium. We affirm Appeal No. 2012- CA-001350-MR and Cross-Appeal No. 2012-CA-001423-MR.
The circuit court determined that both Coulter and Jamie were negligent as a matter of law in causing the motor vehicle accident and submitted an apportionment instruction to the jury upon Jamie’s wrongful death. In its verdict, the jury found that Big Spring Assembly was not vicariously liable for the negligence of its employee, Coulter. However, the jury did find Big Spring Assembly negligent for its hiring, supervision, or retention of Coulter and that such negligence was a substantial factor in causing the accident and Jamie’s death. The jury awarded a total of $1,000,000 for Jamie’s wrongful death and apportioned 80 percent of fault to Coulter and 20 percent to Jamie. The jury also found in favor of James Mitchell and Rebecca Coleman upon their loss of consortium claims and awarded each a total of $75,000. In its Judgment on Jury Verdict, the circuit court awarded the Estate $790,000, upon the wrongful death claim,2 and $60,000 each to James and Rebecca for loss of consortium.3 These appeals follow.
As is evident in the above instruction, the jury was not instructed separately upon negligent hiring and upon negligent retention; rather, the jury was instructed upon negligent hiring or retention together in one instruction.
In the case at hand, we do not believe the circuit court erred by tendering one instruction encompassing negligent hiring, supervision, or retention. See Ten Broeck Dupont, 283 S.W.3d 705. We, thus, conclude that Big Spring Assembly’s challenge to Jury Instruction No. 6 is meritless.
