Historical marker in Shepherdsville marking the failure of Civil War General John Hunt Morgan’s incursion to destroy the L and N Bridge.
For more info, then click below for David Strange’s article from 2006 in the Bullitt County Museum Register – http://www.bullittcountyhistory.com/bchistory/civilwar.html
The Kentucky Court of Appeals announced 25 decisions on December 12, 2014, with three opinions designated to be published.
The three published cases were:
1078 – Commonwealth of Kentucky vs. Lyric Angus (Jefferson County – this was a discretionary review by the Court of Appeals following an appeal from the district court to the circuit court and affirmed the dismissal of an aggravated drunk driving prosecution rejecting the Commonwealth’s argument that the Jefferson Circuit Court improperly upheld the suppression of all the Commonwealth’s evidence due to a violation of the defendant’s Miranda rights and improperly concluded that double jeopardy prevented the Commonwealth from appealing that ruling).
1080. Melissa Margaret Farrar vs. Bradley Walter Farrar. Fayette County. Opinion Affirming in Part, Reversing in Part and Remanding Jones (Presiding Judge) Lambert (Concurs) and Stumbo (Concurs).
This appeal and cross-appeal arise out of a marital dissolution proceeding wherein the Jefferson Circuit Court entered an order directing Appellant/Cross-Appellee, Melissa Margaret Farrar (hereinafter referred to as “Melissa”) to transfer her interest in the parties’ former marital residence (hereinafter referred to as “the residence”) to Appellee/Cross-Appellant, Bradley Walter Farrar (hereinafter referred to as “Brad”) in exchange for half of the fair market value of the residence less hypothetical closing costs, taxes and realtor fees. Brad also contests the trial court’s award of attorney’s fees to Melissa based on his alleged failure to timely comply with various other aspects of the dissolution decree and the trial court’s denial of his motion for CR1 11 sanctions. For the reasons more fully explained below, we affirm in part, reverse in part and remand.
1098. Workers Compensation
Jeffrey Roberts vs. Laurie Sricklen, Adm of Estate
COA Published 12/12/2014
This appeal arises from a workers’ compensation claim and payment of benefits following the unfortunate death of James Sticklen. Appellant, Jeffery Roberts, represented all five plaintiffs in the single workers’ compensation claim. He asks us to reverse the decision of the Workers’ Compensation Board (hereinafter “the Board”) limiting his fee to $12,000 pursuant to KRS1 342.320. However, we find no error in the Board’s reading of relevant authority, including KRS 342.320, or in the resulting award of a single fee. Hence, we affirm.
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 (none other than the published whistleblower decision):
089. Negligence. Proof.
Bobby Miller vs. Consol of Kentucky, Inc . (Letcher County). Opinion Affirming Lambert (Presiding Judge) Kramer (Concurs) and Nickell (Concurs in Result Only).
COA Published 12/12/2014
In the instant case, there is no evidence other than Miller’s unsupported assumptions as to who left water and/or other fluids on the roadway. It would require pure speculation to determine such an issue, which is improper. Accordingly, the trial court properly granted summary judgment in favor of the appellees. Even if Miller were to be given every inference in his favor, which is required under standard summary judgment practice, Miller’s claims would still fail. Kentucky law is clear that conclusory allegations based upon conjecture and speculation is not sufficient to create an issue of fact to defeat summary judgment. Henninger v. Brewster, 357 S.W.3d 920 (Ky. App. 2012). The same is true with regard to Miller’s claims against Whayne Supply and Consol.
1078. Workers Compensation. Exclusive Remedy.
Davison Crocker vs. James Coleman
COA Not Published (NPO) 12/12/2014
Warren County; Affirming
Affirmed summary judgment dismissing claims in favor of the employer/company concluding the workers compensation benefits afforded the exclusive remedy for the injuries rece
In this case, the travel undertaken by Crocker and Cherry was undoubtedly for the benefit of the employer. A&G Tree Service maintains utility easements at a variety of locations away from the employer’s office. This requires field workers – the ground persons, bucket operators, and crew leaders – to be present wherever the customer’s easement lies. The employer’s service cannot be rendered unless its employees are present at a job site, and that necessarily requires that they travel to the job site. It is of no consequence that employees were responsible for finding their own transportation, that they were not paid for their travel time, or that the collision occurred away from the employer’s premises. See Olsten-Kimberly, 965 S.W.2d at 158.
The circuit court also determined that Cherry’s estate could not receive UIM benefits from Progressive because the insurance policy promised only to “pay for damages that an insured person is legally entitled to recover from the owner or operator of an underinsured motor vehicle because of bodily injury[.]” (Trial record, p. 252). Since the estate was not legally entitled to recover any damages from Coleman, reasoned the court, there were no UIM benefits to recover from Progressive. We agree.
[gview file=”https://kycourtreport.com/wp-content/uploads/2014/12/MNT12122014.pdf”]
