Bracken County Judicial Center, Brookesville, Kentucky.
Published Court of Appeals appellate cases for this week –
December 11, 2015: Links are to full text of PDF decision with AOC.
962. Open Records Request
Cabinet for Health and Family Services vs. The Todd County Standard, Inc.
COA Published Opinion Affirming in part, reversing in part – Franklin County
TAYLOR, JUDGE: Cabinet for Health and Family Services (Cabinet) brings this appeal from a January 18, 2012, Order of the Franklin Circuit Court finding that the Cabinet improperly and willfully denied a request for records in violation of the Open Records Act (ORA).1 We affirm in part and reverse in part.
Under the unique facts of this case, we hold that the circuit court properly enforced the Attorney General’s Opinion by ordering production of records relating to A.D. pursuant to KRS 61.880(5)(b). The Cabinet cannot benefit from intentionally frustrating the Attorney General’s review of an open records request; such result would subvert the General Assembly’s intent behind providing review by the Attorney General under KRS 61.880(5). Thus, we conclude that the circuit court properly rendered summary judgment enforcing the Attorney General’s Opinion by ordering production of records concerning A.D.
The Cabinet next asserts that the circuit court erred by awarding the Standard attorney’s fees of $9,893.51 and costs of $175.51 and by imposing penalties against the Cabinet in the amount of $6,625. This court has already commented on the Cabinet’s actions that frustrated review by the attorney general. Upon the whole of this case, we cannot conclude that the circuit court’s finding that the Cabinet acted willfully to be clearly erroneous. Consequently, we hold that the circuit court did not err by awarding attorney’s fees, costs, and penalties under KRS 61.882(5).
967. Medical malpractice. Wrongful death. Immunity. Rebuttal experts. Argument. Antecdent comparative negligence in med mal.
Karen Pauly vs. Dr. Phillip Chang
COA Published opinion Affirming – Fayette County
The estate and heirs of the deceased physician sued the UK Medical Center in various positions in a medical malpractice and wrongful death claim. The jury returned a unanimous verdict in favor of the individual physicians after the court previously dismissed claims against the hospital and other employees on the grounds of governmental and qualified official immunity. There is also a cross-appeal by the defendants of a trial order excluding the testimony of accident Reconstructionist Vince Sayre concerning the decedent’s comparative fault in causing the physical injuries he sustained at home working in a bucket truck trimming trees.
The plaintiffs were alleging wrongful death, loss of spousal consortium and loss of parental consortium based upon allegations that Appellees failed to diagnose his aortic injuries and get him into the operating room sooner.
For the reasons stated herein, the judgment of the Fayette Circuit Court is affirmed.
972. Liability for shareholder conversion and other issues. Dissolved corporation.
Sam Gross vs. ADCOMM Inc.
COA Published Opinion Affirming in part, vacating in part. Fayette.
Court of Appeal’s “not to be published” decisions on Trials, torts, insurance and civil procedure, in addition to the published decision above.
Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.
Click here for a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).
AOC version of this week’s decisions can be accessed by clicking here.
The complete set of this week’s minutes listing all decisions (published and not to be published) with links to the full text of each at the AOC, are below following short summaries of this week’s published cases and extracts of tort, insurance and procedure cases.
[gview file=”https://kycourtreport.com/wp-content/uploads/2015/12/MNT12112015.pdf”]
