The fourth Barren County Courthouse was finished in 1839. The building committee consisted of Franklin Gorin, S.M.Bagby, Henry Crutcher, Geroge W. Trabue and Richard Garnett. Bagby designed the two-story brick structure with a raised basement, topped by a hip roof supporting a cupola. The cupola was originally shaped hexagonal with a small dome, and later a square cupola. The styling was Federal which was conservative for the time. At the top of the cupola was a ball and arrow weathervane/lightning rod made by J.V.J. Eubank silversmith and tinner which was later moved to the next courthouse built in 1896.
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.
Published Court of Appeals appellate cases for this week – Feb. 5, 2016: Links are to full text of PDF decision with AOC.
115. Medical license revocation and due process
Bernard C. Moses M.D. vs. Kentucky Board of Medial Licensure
Court of Appeals Published Opinion Affirming Jefferson Cir. Ct.
COA affirmed circuit court’s opinion and and order upholding the final order of revocation of his medical license by the Kentucky Board of Medical Licensure (the Board).
126. Termination of parental rights.
C.(W.L) vs. Commonwealth of Kentucky
Court of Appeals Published Opinion affirming Fayette Cir Ct.
COA affirming involuntary termination of parental rights of two children.
131. Affirmed domestic violation order re repeated threats of suicide.
Charles Christopher Crabtree vs. Amber Lynn Crabtree
Court of Appeals Published Opinion Affirming Powell Cir. Ct.
Torts, insurance and civil procedure decisions:
112. Sovereign immunity, UK Hospital Physicians (relying upon Withers v. UK)
Elizabeth Rangel vs. Virilius Cornea M.D.
COA Not to Be Published Opinion Affirming Fayette Cir. Ct. summary judgment dismissing medical negligence claim for sovereign immunity
114. UIM; closing argument; redaction of doctor’s deposition; reduction of UIM award
Allstate Ins. Co. vs. Yamile Pendones Reyes
COA Not to Be Published Opinion Affirming Fayette Cir Ct.
[Editor’s note. Underinsured motorist cases present issues normally not addressed by a straightforward automobile negligence suit since it is a contract claim disguised as a tort. Thus the court’s commentary on permissible argument may prove of value to practitioners.]
STUMBO, JUDGE: Allstate Insurance Company appeals from a jury verdict awarding Yamile Reyes $171,738.88 for her claim for underinsured motorist (UIM) benefits. That award was later reduced to $50,000 so as to conform to the underinsured motorist insurance policy limits. Allstate argues that the trial court should have granted its motion to set aside the verdict due to the improper closing remarks made by Reyes’ counsel and the jury’s excessive verdict. Allstate also claims that the trial court should have redacted a portion of the videotaped testimony of Reyes’ treating physician. Reyes cross-appeals the trial court’s decision to reduce the jury award to $50,000. We find the trial court committed no error in this case and affirm.
Allstate had moved in limine to
Allstate moved to
exclude from evidence at the trial of this action any mention that Allstate Insurance Company is an uninsured [sic] motorist carrier and the amount of coverage available under the underinsured motorist coverage. The Defendant further moves to exclude any arguments alleging that Allstate denied coverage for Plaintiff’s claim, that the Plaintiff has properly paid her insurance premiums for the relevant policy period, or references to Allstate’s marketing materials.
Allstate argued that this evidence is irrelevant because it had never denied coverage or rejected Reyes’ claim. Allstate claimed that this case was not about its business practices and that the only issue before the jury is the amount of damages sustained by Reyes. Allstate believed Reyes would use the above evidence to criticize Allstate and inflame the jury, resulting in an award that would be based on the jury’s desire to punish the insurance company.
There is no written order regarding this motion in the record, but a hearing was held on the day of trial concerning the motion. At the hearing, the trial court orally sustained the motion at issue; however, based on the arguments of counsel, the court allowed Reyes’ counsel to discuss the reasons the parties were involved in the suit, that Reyes had a policy with Allstate, that this policy was a contract, and that they were having a trial to determine damages.
During closing arguments, Reyes’ counsel made statements such as: “Your insurance company is supposed to protect you. . . . Not make you litigate a case for four years and go to trial.”; “Even a big company like Allstate . . .they insure families.”; and “she had an agreement with Allstate.”3 Allstate claims these statements, among others, were improper based on the trial court’s ruling on the motion in limine.
* * *
Trial counsel has wide latitude during closing arguments. Noakes v. Commonwealth, 354 S.W.3d 116, 122 (Ky. 2011). Here, the trial court did not have a written order specifically describing what could and could not be said regarding the relationship between Allstate and Reyes. The court ruled on this motion in limine from the bench and allowed Reyes’ counsel to discuss some parts of this relationship between Allstate and Reyes. Based on what Allstate requested be excluded in its motion in limine and what the trial court still allowed Reyes’ counsel to discuss, we do not believe the trial court was unreasonable in denying the motion to set aside the verdict. While Reyes’ counsel might have strayed close to the line of inappropriate topics, we believe, like the trial court, that he did not cross that line.
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:
