COA: December 16, 2016 Court of Appeals Decisions (Minutes)(994 – 1020)(2 opinions designated to be published)

1001.  Torts.  Government immunity.  Qualified immunity.
Peterson v. Dunbar  (note… link in actual minutes was bad. this one has been fixed).
Court of Appeals Published Opinion AFFIRMING Russell Cir. Ct.
ACREE, JUDGE: The issue we must decide in this case is whether the Russell Circuit Court erred in granting summary judgment in favor of Bobby Dunbar, the Russell County Jailer, and his deputies who were on duty when Peggy McWhorter was admitted to the Russell County Detention Center and died of an overdose due to drugs she had ingested prior to her reporting to the detention center. We hold the circuit court did not err and therefore affirm.

Selected Not To Be Published Decisions Dealing with tort, insurance and civil procedure:

996.  Torts. Malicious Prosecution.
Williams v Cline
COA Not to Be Published Opinion AFFIRMING Rowan Cir Ct.  Summary Judgment dismissing malicious prosecution claims
JONES, JUDGE: The Appellant, Trisha Ann Williams (“Williams”), appeals from the August 26, 2014, order of the Rowan Circuit Court dismissing her claims of negligence and malicious prosecution against Appellees, Randy Cline and Keith McCormick. After a careful review of the record and applicable law, we affirm.

1005.  Torts. Fraudulent misrepresentation claim, Consumer Protection Act claims arising from auto sale.
Webb v. Dan Cummins Chevrolet-Buick, Inc.
COA Not to Be Published Opinion AFFIRMING Bourbon Cir. Ct.
JONES, JUDGE: Appellant, Robert Webb, appeals from the Bourbon Circuit Court’s order granting the motion filed by Appellee, Dan Cummins Chevrolet- Buick, for dismissal and summary judgment. For the reasons set forth below, we AFFIRM.

1011.  Pro se appeal from criminal defendant arising from contract hiring forensic examination in attempted murder case.
Rank v. Bobby Miller, M.D.
COA Not to Be Published Opinion AFFIRMING Kenton Cir Ct. Summary Dismissal of contract and fraud claims
KRAMER, CHIEF JUDGE: Douglas Rank, pro se, appeals the decision of the Kenton Circuit Court to summarily dismiss his breach of contract and fraud claims against appellee, Bobby Miller. Upon review, we affirm.

1020.  Workers Compensation.  Course of Employment, coming and going rule, and automobile collision
Caring People Services LLC v. Gray
COA Not to Be Published Opinion AFFIRMING WCB
JONES, JUDGE: This appeal arises out of an opinion issued by Kentucky’s Workers’ Compensation Board (“Board”) affirming an award of benefits to the Appellee, Mary Gray. The Appellant, Caring People Service, LLC (“Caring People”), contends that the Board erred because Gray’s injury occurred while she was in her personal vehicle during her commute from her home to her regular worksite, and therefore, is not work-related. Having reviewed the record in conjunction with the applicable legal authorities, we affirm.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s 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.

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