The Published Decisions for the Kentucky Court of Appeals for the month of February 2014 address the following tort, insurance and civil issues: dismissed insurance company’s appeal of bad faith order as interlocutory; Rule 11 sanctions affirmed for failure to sign pleadings; mounted policeman given qualified official immunity; common law right of access to sealed discovery records.
If you can read this, then you owe a debt to William Holmes McGuffey and his 120 million readers published during this nation’s expansion in the early 1800’s. His Kentucky connection was teaching in Paris, Kentucky. This historical marker can be found in the court house square of Bourbon County.
For more, then go to http://www.mcguffeyreaders.com/history.htm.
APPEALS
Bituminous Cas. Corp. v. Estate of Bramble
COA Published 2/21/2014, Judge Acree Presiding
Held insurance company’s appeal of bad faith ruling was interlocutory , not a final judgment, and not capable of being made final. Case dismissed for lack of jurisdiction.
RULE 11 SANCTIONS
Persels & Associates, LLC v. Capital One Bank, (USA), N.A.
COA Published 2/14/2014, Judge Clayton Presiding
Affirmed imposition of Rule 11 sanctions against law firm for failure to sign pleadings.
IMMUNITY
Prater v. Catt
COA Published 2/28/2014, Judge Combs Presiding
Affirmed trial court’s entry of summary judgment, holding that the officer and her supervisor were shielded by qualified official immunity. The control of a horse under these circumstances involved discretionary action by the police officer, and she exercised that discretion in good faith.
OPEN RECORDS
Fiorella vs Paston Media Group, LLC
COA Published 2/21/2014, Judge Acree Presiding
Held no First Amendment right of access was in issue in protecting sealed discovery records, and reviewed the trial court’s order under the common law right of access to court records and affirmed the trial court’s order allowing media access to the discovery.
For the complete archive of monthly summaries from the Kentucky Court of Appeals, then click here.
For the complete list of decisions published this month with names, digest and links to the full text, then continue reading.
[gview file=”http://apps.courts.ky.gov/Appeals/Opinions/February2014.pdf”]
