The Kentucky Court of Appeals announced 17 decisions on Aug. 8, 2014, four published). Some general issues include: coal lease breach of contract (Ned Hall vs. Cornelius Rowe); family court modified separation agreement provisions pertaining to tax exemption (Robyn Smith vs. Douglas Lurding). Only one issue of interest to those Kentucky lawyers practicing personal injury, trial or insurance law – third party sued owner (landlord) of real property when he was injured as a result of criminal activity on the property (Washington vs. Kimart Properties, LLC).
Bourbon County, Kentucky. Historical Marker at Court House Square, Paris. Senator John Edwards, Kentucky’s First US Senator. Photo by Louisville Lawyer Michael Stevens 2014.
The four published decisions for August 8, 2014. The name, link to full text, and key issue for each decision are:
729. Business. Breach of contract (coal lease) reversed on judge’s failure to instruct jury on which party breached the contract first
Ned Hall vs. Cornelius Rowe
Floyd County, Reversing and Remanding
739. Government Employment. Police officer suspension and grievance filed by officer after resigning following suspension
Jeffrey Pearce vs. Billy Whitenack,Individually and Chief Harrodsurg Police Department
Mercer County, Affirming
741. Workers Comp. Reversed Workers Comp Board and remanded to Board to adjudicate claimant’s appeal on medical issues on merits
Basin Energy Co. vs. Timothy Howard
Workers Compensation, Reversing and Remanding
743. Family Court order modifying separation agreement as to tax exemption affirmed by COA
Robyn Smith vs. Douglas Lurding
Jefferson County, Affirming
Click here for links to all the archived Court of Appeals minutes.
“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.
735. Torts. Landowner held not liable for failure to abate criminal activity at least premises for injuries to third party
Washington vs. Kimart Properties, LLC
COA, Not PUblished, Presiding Judge Moore, Affirming Jefferson County
Even if some evidence of record demonstrated that Willis was allowing criminal activity on the premises, at least two rules of law undermine the proposition that KiMart could be held liable to third parties such as Washington for failing to prevent it.1 First, a landlord is generally not liable for the negligent acts of his tenant. Green v. Asher Coal Min. Co., 377 S.W.2d 68, 69 (Ky. 1964). Second, a landlord is not a guarantor of the tenant’s safety and is thus, by extension, not a guarantor of the safety of the tenant’s guests. See Davis v. Coleman Management Co., 765 S.W.2d 37 (Ky. App. 1989).
[gview file=”http://apps.courts.ky.gov/Appeals/Minutes/MNT08082014.pdf”]
