Third and present courthouse in Burlington, Boone County, Kentucky. Construction began in 1889 and completed at a cost of $20,000. A wing was added later. Listed in the National Register of Historical Places in 1979.
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 – March 4, 2016:
Links are to full text of PDF decision with AOC.
179. Open Records Request. Child Fatality provisions.
Cabinet for Health and Family Services vs. The Todd County Standard
Court of Appeals Published Opinion affirming in part, reversing in part and remanding on case involving improper denial of open records act request for state records on death arising from abuse and neglect and under the provision of child fatality provision of KRS 620.050(12)(a).
182. Premises Liability. Open and obvious.
Janetta Higdon vs. Buisson Investment Corporation d/b/a Whispering Hills Apts.
COA Published Opinion reversing and remanding Jefferson Cir. Ct. summary judgment dismissing slip and fall on ice complaint after finding open and obvious and not forseeable. On appeal the COA agreed with the the appellant that the the trial court did not apply the correct standard against Whispering Hills duty.
Given Whispering Hills’ heightened duty as a landlord, the lower court should have allowed this matter to go to the jury to decide whether Whispering Hills knew or should have known that a dangerous condition existed with respect to the construction and maintenance of the walkway, and if so, whether it breached its duty to maintain the walkway in a safe condition for its tenants such as by equipping it with some nonslip material or otherwise taking actions to warn of or prevent falls due to slippery conditions.1 The “open and obvious” nature of the fog and ensuing condensation was an inappropriate basis upon which to grant summary judgment as the surface at issue was located within the common area of the apartment complex.
187. Criminal Law. Batson Challenge. Juries.
William Chesher vs. Commonwealth of Kentucky
Court of Appeals Published Opinion affirming Nelson Cir Ct. criminal trial court’s denial of defendant’s Batson challenge.
189. Hospital security incident.
Linda Smith vs. Norton Suburban Hospital
Court of Appeals Published Opinion Affirming Jefferson Cir. Ct. summary judgment dismissing various tort claims against the the appellees.
Torts, insurance and civil procedure decisions:
See published decisions above (182 arising from open and obvious defense in premises liability; 189 arising from assault etc. by security personnel at hospital that was dismissed)
Nonpublished decisions follow:
178. Sovereign immunity. Waiver by statute or by express waiver by contract.
Mark Blankenship v. Lexington-Fayette Urban County Government
COA Not to Be Published Opinion Reversing and remanding Fayette Cir. Ct. Order and holding that since the urban county government has stipulated that a contract existed with their employees then sovereign immunity has been expressly waived and the the trial court was in error. The plaintiffs in the case were 430 currently employed, retired and formerly employees, who worked for the LFUCG who contended there was an improper calculation of their overtime wages. Furtula
In Furtula vs. UK had stated that “…when the recipient of a statement is informed that the maker of the statement does not intend to enter into a contract…the formation of a contract will not be implied.”
181. CR 12.02(f) Failure to state a claim – fraud upon the proceedings and untimely filing
Garlock Sealing Technologies vs. Delores Ann Robertson
COA Not to Be Published Opinion affirming Jefferson Cir. Ct.’s dismissal of complaint for failure to state a claim and that per CR 12.02(f) the alleged fraud in the underlying action did not subvert the integrity of the court and did not qualify as fraud affecting the proceedings.
James Carpenter vs. Geiger & Peters, Inc.
COA Not to Be Published Opinion affirming Jefferson Cir. Ct. dismissing claims at work site by subcontractor’s employee against the general contractor based upon the exclusive remedy provisions of the Workers’ Compensation Act. Furthermore, based upon the express terms of the contract and other evidence of record, the COA agreed with the trial court that Carpenter was clearly performing work which was a regular and recurrent part of Geiger & Peters’s business. Hence, we affirm the trial court’s entry of summary judgment.
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