The third and present Bath County Courthouse, Owingsville, Kentucky. Finished in 1866 at a cost of $34,000. Not much different on the outside except who would not like to have one of those vehicles driving by today?
In this week’s Court of Appeals minutes are three cases dealing with torts and insurance.
The published decision arose from an insured’s failed efforts to get coverage for loss of consortium claim under a policy for underinsured motorist benefits. Although the trial judge say yes the Court of Appeals said no can do.
A nonpublished decision arose from a bullying incident at school and the parents’ suit against the principal and vice-principal for failure to provide a safe environment and to protect the child. Although the parents overcame the qualified immunity defense at trial, they were not successful and lost on the issue on appeal with the COA finding the school’s administrators’ actions in this matter were discretionary in nature rather than ministerial and were entitled to the defense of “qualified official immunity” as a matter of law
A third case makes you wonder what is real reason behind tort reform claiming they are paying too much money on medical negligence claims. The requirement for an expert witness in support of the negligence claim was insurmountable for a pro se plaintiff even after the trial judge gave her every continuance and time to find one and even permitting the plaintiff to shift gears and try a res ipsa loquitur defense. Lost at trial. Lost on appeal.
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. 26, 2016:
Links are to full text of PDF decision with AOC.
165. Business Law. Nonconforming goods
Royal Consumer Products, LLC vs. SAIA Motor Freight Line, Inc,
Court of Appeals Published Opinion affirming in part, reversing in part and remanding as to 2014-CA-000945, reversing and remanding as to 2014-CA-000954, and vacating and remanding as to 2014-CA-001649 – Jefferson Cir. Ct.
MAZE, JUDGE: Royal Consumer Products, LLC and its parent company Mafcote, Inc., (hereinafter collectively referred to as “RCP”) appeal from two judgments of the Jefferson Circuit Court. RCP contends that the trial court erred in granting partial summary judgment in favor of Saia Motor Freight Line, Inc. (hereinafter “Saia Motor”) in a case concerning damages due to untimely or non- conforming shipments of goods. Saia Motor also appeals the trial court’s grant of partial summary judgment in favor of RCP on a related issue. Finally, RCP challenges the trial court’s award of attorneys’ fees and costs to Saia Motor following a bench trial and verdict in the latter’s favor.
167. Prison discipline
Sammy F. Mobley, Jr. vs. Deborah K. Payne
Court of Appeals Published Opinion reversing and remanding to Franklin Cir. Ct.
171. Underinsured Motorist Benefits. Loss of spousal consortium, Exclusions.
Kentucky Farm Bureau Mut. Ins. Co. vs Larry Armfield
Court of Appeals Published Opinion reversing Laurel Cir. Ct. court order that KFBM insureds could recover for loss of consortium under UIM policy
VANMETER, JUDGE: In Kentucky, one spouse’s loss of consortium claim is derivative of the other spouse’s personal injury claim. The issue we must resolve in this case is whether the Laurel Circuit Court erred in holding that Larry and Tena Armfield, husband and wife, whose bodily injuries were expressly excluded from underinsured motorist coverage by an auto policy issued by Kentucky Farm Bureau Mutual Insurance Company (hereinafter “KFB”), could nevertheless recover under a loss of consortium claim against KFB. We hold that the trial court did err and therefore reverse its summary judgment in favor of the Armfields.
175. Family Law. De facto custodians.
Jason Wells vs. Jeffrey Toye
Court of Appeals Published Opinion affirming Anderson Cir. Ct. order dismissing their petition to qualify as de facto custodians of child they fostered for three years beginning at age 8 days and child currently in custody of biological father.
Torts, insurance and civil procedure decisions:
See published decisions above ( 171 on UIM and LOC).
Nonpublished decisions follow:
160. Damages. Commercial lease.
Cross v. B.J. Management, Inc.
COA Not to Be Published Opinion Affirming Nelson Circuit Court
169. Medical Negligence. Pro se. Experts and res ipsa loquitur.
Cassandra Colo’n vs. Norton Hospitals, Inc.
COA Not to Be Published Opinion Affirming Jefferson Cir. Ct.’s order denying plaintiff’s motion to alter, amend or vacate trial judge’s order granting summary judgement dismissing medical negligence claim against hospital for failure to respond to requests for admissions listing expert witnesses. After several continuances to obtain experts and new counsel, plaintiff responded that she did not need an expert arguing res ipsa locuitur. Trial judge granted summary judgement dismissing claim; plaintiff followed with motion to alter/amend/set aside. COA affirmed.
173. Qualified immunity defense applied to school principal and vice principal in failure to protect and provide safe enviroronment for child
Alvery Craig Smith vs. Loretta McCracken
COA Not to Be Published Opinion on interlocutory appeal and reversing and remanding Grant Cir. Ct order denying the defendants’ motions for summary judgment on qualified immunity grounds concluding Defendant/Appellants’ actions in this matter were discretionary in nature rather than ministerial and were entitled to the defense of “qualified official immunity” as a matter of law. Suit arose from bullying incident suing principal and vice-principal for negligently failing to provide a safe environment and to protect the minor.
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