Anderson County Courthouse Postcard, Lawrenceburg, Kentucky.
Published Court of Appeals appellate cases for this week –
December 23, 2015: Links are to full text of PDF decision with AOC.
999. Employment. Hospital employment physician contract
Ziad William Sara, M.D. vs. Saint Joseph Healthcare System
Court of Appeals Published Opinion Affirming and remanding Fayette Circuit Court
MAZE, JUDGE: The Appellant, Ziad William Sara, M.D. (Dr. Sara) appeals from an order of the Fayette Circuit Court dismissing his claims against Saint Joseph Medical System, Inc. (the Hospital) for violation of administrative due process and for breach of contract. We agree with the trial court that the Hospital was not functioning as a “de facto” state agency and consequently was not subject to the requirements of KRS1 Chapter 13B. We also agree with the trial court that the Hospital’s Medical Staff Bylaws do not constitute an enforceable contract. Hence, we affirm the trial court’s order dismissing these claims and remand for further proceedings on Dr. Sara’s remaining claims against the Hospital.
1004. Criminal Law. Reversed circuit court order revoking probation
Cassandra Blankenship vs. Commonwealth of Kentucky
Court of Appeals Published Opinion Reversing and Remanding – Boyd Circuit Court
On remand, the trial court shall enter findings as to both elements of KRS 439.3106(1). Then, consistent with both Andrews and McClure, the trial court must conclude whether revocation or a lesser sanction is appropriate.
1009. Criminal Law. Sentence. Running Consecutively.
Michael Eldridge vs. Commonwealth of Kentucky
Court of Appeals Published Opinion Affirming – Johnson Circuit Court
LAMBERT, J., JUDGE: In these consolidated appeals, Michael Eldridge seeks review, pursuant to conditional guilty pleas, of four judgments of the Johnson Circuit Court sentencing him to four one-year, consecutive sentences for convictions on charges of second-degree trafficking in a controlled substance. Because the Supreme Court of Kentucky’s recent decision in Commonwealth v. Gamble, 453 S.W.3d 716 (Ky. 2015), supports the circuit court’s decision to run the sentences consecutively, we affirm.
1010. Appeal dismissed as untimely. SOL.
Wesley Anglin vs. Justice & Public Safety Cabinet
Court of Appeals Published Opinion and Order Dismissing – Franklin Circuit Court
The circuit court denied the motion for reconsideration by order entered March 20, 2014, and the clerk noted that the order was served on all parties that day by first class mail. On April 22, 2014, Anglin filed a motion to proceed in forma pauperis and tendered his notice of appeal from the March 20, 2014, order. After some delay related to the court’s ruling on his status as a pauper, the notice of appeal was filed on November 25, 2014. In its brief, the Cabinet contends that Anglin’s appeal should be dismissed pursuant to CR 73.02(1) as untimely filed. We agree.
1014. Workers Compensation.
Adja Diop vs. Zenith Logistics
Court of Appeals Published Opinion Reversing – Workers Compensation Board
LAMBERT, J., JUDGE: Adja Diop has petitioned this Court for review of the opinion of the Workers’ Compensation Board (the Board) reversing and remanding the opinion, award, and order of the Administrative Law Judge (ALJ). Because we hold that the ALJ acted within his discretion, we reverse the Board’s decision.
Selected “not to be published” Opinions
1005. Arbitration. COA directed circuit court to compel arbitration of employees’ claims
Tiffany Cox vs. Roger Ford
Court of Appeals Published Opinion Reversing – Pike Circuit Court
D. LAMBERT, JUDGE: This consolidated appeal challenges two separate orders of the Pike Circuit Court, one from April 29, 2014, and the other from August 14, 2014. The orders denied arbitration of two employees’ claims against their former employer for violations of Kentucky Revised Statutes (KRS) Chapter 344. After review, we reverse and direct the circuit court to compel arbitration.
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:
[gview file=”https://kycourtreport.com/wp-content/uploads/2015/12/MNT12232015.pdf”]
