Adair County Court House. Image Courtesy of Keith Vincent, www.CourtHouseMem…. Second and current Courthouse located in Columbia, Ky. Design by H.P. McDonald & Brothers, Louisville. Contractor was Hudson & Stone Co., Columbia. Stone was quarried from Sparksville in Adair County. Faces of Major Connover and sister were in the capitals of the portico columns. Additions not yet built. Listed in National Register in 1974.
Kentucky Court of Appeals announced 39 decisions on February 27, 2015, with eight (8) opinions designated to be published. The published cases briefly are:
147. Criminal Law. Trafficking in controlled And quantity.
Commonwealth of Kentucky vs. Shannon Leary
COA Published 2/27/2015; Opinion Reversing & Remanding
MAZE, JUDGE: The Commonwealth of Kentucky appeals from a Kenton Circuit Court order ruling on a pretrial motion in limine. The circuit court held that the evidence presented by the Commonwealth was not sufficient to sustain a charge of drug trafficking under Kentucky Revised Statutes (KRS) 218A.1412(3)(a), a Class B felony. We reverse and remand for further proceedings.
151.Kentucky’s Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings and electronic discovery
Lokk vs. CMI,Inc.
COA Published 2/27/2015; Opinion affirming
J. LAMBERT, JUDGE: This appeal1 arises from an order of the Daviess Circuit Court ruling on a motion to enforce a certificate and order from a Georgia state court regarding electronic discovery pursuant to Kentucky’s Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings (the Uniform Act), Kentucky Revised Statutes (KRS) 421.230 to 421.270. Having carefully reviewed the record and the parties’ arguments, we affirm.
156. Government Kentucky retirement systems
Kentucky Retirement Systems vs. Charles Wimberly
COA 2/27/2015; Opinion Affirming
LAMBERT, J., JUDGE: Kentucky Retirement Systems (KERS) appeals from the Franklin Circuit Court’s opinion and order reversing the decision of the Board of Trustees of Kentucky Retirement Systems (the Board) to deny Charles Wimberly’s application for disability retirement benefits pursuant to Kentucky Revised Statutes (KRS) 61.600. After careful review, we affirm the Franklin Circuit Court’s opinion and order.
158. Kentucky OSHA
Estill County Fiscal Court vs. Commonwealth of Kentucky
COA Published 2/27/2015; Opinion reversing and remanding
ACREE, CHIEF JUDGE: The Estill County Fiscal Court (“Estill County”) appeals the August 1, 2013 Order from the Franklin Circuit Court. That order affirmed an administrative decision of the Kentucky Occupational Safety and Health Review Commission (hereinafter referred to as the “Tribunal”) issued on May 31, 2012. After reviewing the record and applicable law, we must reverse the circuit court’s order and remand for further proceedings consistent with this opinion because the Tribunal acted outside its statutory role as a neutral administrative arbiter.
161. Criminal Law. DUI, suppression of blood alcohol test
James Anthony Williams vs. Commonwealth of Kentucky
COA Published 2/27/2015; Opinion affirming
J. LAMBERT, JUDGE: James Anthony Williams appeals from the Jefferson Circuit Court’s order reversing the Jefferson District Court’s order suppressing blood alcohol test results in a driving under the influence prosecution. After careful review, we affirm the order of the circuit court.
164. Government contracting
DCI Properties-DKY, LLC vs. Coppage Construction Co.
COA Published 2/27/2015; Opinion reversing and remanding
STUMBO, JUDGE: DCI Properties appeals from an order granting Coppage Construction’s motion to dismiss. The issues involved are matters of first impression. We find that the trial court erred in dismissing DCI’s cause of action; therefore, we reverse and remand for further proceedings.
169. Criminal Law. Sentencing
David Rabe vs. Commonwealth of Kentucky
COA Published 2/27/2015; Opinion affirming
JONES, JUDGE: David Rabe appeals from the December 11, 2013, final judgment and sentence of the Boone Circuit Court. That judgment accepted Rabe’s guilty plea to one count of trafficking in marijuana, more than five pounds, and sentenced him to five-years’ imprisonment. We affirm.
176. Civil Procedure. Class Action.
Mary E. McCann vs. The Sullivan University
COA Published 2/27/2015; Opinion Affirming
LAMBERT, J., JUDGE: Mary McCann appeals from the Jefferson Circuit Court’s February 27, 2014, order denying her motion to certify a class action. After careful review, we affirm.
The “Tort Report” of tort, insurance and civil procedure cases:
159. Statute of limitations. Nursing Home. Saving Statute not apply.
Judith Toomey vs. LP August, LLC d/b/a Bracken County Nursing and Rehabilitation Center
COA NOT Published 2/27/2015; Opinion Affirming (Bracken Cir Ct)
THOMPSON, JUDGE: Judith Toomey, individually and Judith Toomey, as administratrix of the estate of Ronald T. Toomey, (the estate) appeals from an order of the Bracken Circuit Court dismissing this negligence action against LP Augusta, LLC d/b/a Bracken County Nursing & Rehabilitation Center, and Fran Stahl, in her capacity as administrator of the Bracken County Nursing & Rehabilitation Center (collectively Bracken County Nursing & Rehabilitation Center). The circuit court ruled the action was barred by the statute of limitations. The estate maintains its claims are saved from being time-barred by 28 U.S.C. § 1367(d) or KRS 413.270. We disagree and affirm.
162. MVA. Jury instructions.
Ray Ashley vs. Lynn Skaggs
COA Not Published 2/27/2015; Opinion affirming (Warren Cir Ct)
VANMETER, JUDGE: Ray and Jamie Ashley appeal from the judgment entered by the Warren Circuit Court dismissing with prejudice their complaint against Lynn Skaggs after a jury verdict absolved Skaggs of any liability. On appeal, the Ashleys urge us to reverse, arguing that the jury was erroneously instructed. We affirm.
167. Attorney Fees. Contingency fee contract and application of quantum meruit when no termination for cause
Law Firm of Flora Templeton Stuart vs. Crocker Law Office, PLC
COA Not Pub. 2/27/2015; Opinion Affirming (Warren Cir Ct)|
KRAMER, JUDGE: The Law Firm of Flora Templeton Stuart (the “Stuart Firm”) appeals an order and judgment of the Warren Circuit Court which resolved an attorney’s fee dispute between the Stuart Firm and the appellee, Crocker Law Office, PLLC. Upon review, we affirm.
[Editor’s note: For a detailed analysis by the COA addressing the application of quantum merit when attorney discharge without cause in contingency fee agreement when pending offer on table.]
168. Insurance. Interpretation of “collapse” in homeowner policy
Kentucky Growers Ins. Co. vs. Wanda Jean Thiele
COA Not Pub. 2/27/2015; Opinion reversing and remanding trial court which held policy provided coverage.
170. Medical Negligence. Affirmed defense verdict.
Estate of James Gross vs. Dr. Uyi Idemudia
COA Not published 2/27/2015; Opinion affirming (Bell Cir Ct)
DIXON, JUDGE: Appellants, Larry Wayne Gross, Administrator of the Estate of James K. Gross, deceased, Emily N. Gross, an infant, by and through Contessa Elizabeth Watkins, guardian, and Isiaih J. Gross, an infant, by and through Contessa Elizabeth Watkins, guardian, appeal from a jury verdict and judgment of the Bell Circuit Court finding in favor of Appellee, Uyi Idemudia, M.D., in this medical negligence and wrongful death action. Appellants also appeal from the trial court’s denial of their motion for a new trial. For the reasons set forth herein, we affirm.
172. Insurance. Affirmed dismissal of homeowner claim as time barred per contractual provision reducing statute to one year
Hallie Wooten vs Kentucky Farm Bureau Mut. Ins. Co.
COA Not Published 2/27/2015; Opinion affirming (Leslie Cir Ct)
176. Civil Procedure. Class Action.
Mary E. McCann vs. The Sullivan University
COA Published 2/27/2015; Opinion Affirming
LAMBERT, J., JUDGE: Mary McCann appeals from the Jefferson Circuit Court’s February 27, 2014, order denying her motion to certify a class action. After careful review, we affirm.
Click here for links to all the archived AOC Court of Appeals minutes
Click here for all of a listing of our 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).
For the complete set of this week’s minutes listed all decisions (published and not to be published) with links to the full text of each at the AOC, the continue reading below:
[gview file=”http://apps.courts.ky.gov/Appeals/Minutes/MNT02272015.pdf”]
