The Court of Appeals posted 19 decisions on Feb. 17, 2017, numbered 162 – 183 with 5 decisions designated for publication.
162. Piercing the corporate veil
Roscoe v. Angelucci Acoustic, Inc.
Court of Appeals Published Opinion AFFIRMING – Fayette County
169. Discretionary Personal Long Arm Jurisdiction declined by trial court
Worrell v. Stivers
Court of Appeals Published Opinion VACATING and REMANDING – Fayette
171. Evidence. Trial. Impeachment with a felony conviction under KRE 609 examined.
Dixon v. Commonwealth of Kentucky
Court of Appeals Published Opinion AFFIRMING – Bell
178. Claim by estate against doctor for failure to report abuse by deceased child’s uncle – KRS 620.030
A.A. by and through next friend and mother Rhonda Lewis Dr. Kristy Shutts
Court of Appeals Published Opinion REVERSING and REMANDING – Floyd County
185. Workers Compensation. Entitlement to medical benefits and injury exacerbation
Ford Motor Co. v. Curtsinger
Court of Appeals Published Opinion AFFIRMING – Workers Compensation Board
Selected not to be published decisions – torts, insurance and civil:
172. Workers Compensation. Exclusiveness remedy and premises liability injury.
Sattenburg v. University Radiological Associates
COA Not to Be Published Opinion REVERSING and REMANDING – Jefferson
Dr. slipped and fell at hospital. Issue was exclusive remedy provisions under workers compensation and where applied in this incident. COA noted actions filed in both circuit court and workers compensation and defenses seemed inconsistent.
All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority. See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)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.
For links to all our posts on the minutes of the Court of Appeals, then click here.
For the index to archived minutes at the official AOC page, then click here.
