Published Court of Appeals appellate cases for this week – Feb. 5, 2016: Links are to full text of PDF decision with AOC.
98. Open Records Denial; Revival of Cause of Action; Survival
S.F. Lococo DVM vs. Kentucky Horse Racing Commission
Court of Appeals Published Opinion Dismissing Appeal as Moot (Fayette Cir Ct)
LAMBERT, J., JUDGE: S.F. Lococo, DVM, appeals from an opinion and order of the Fayette Circuit Court affirming a determination by the Kentucky Horse Racing Commission (the KHRC) that it was not required to release information about its licensees under Kentucky’s Open Records Act (Kentucky Revised Statutes (KRS) 61.870 to 61.884, hereinafter “ORA”). Because we hold that the cause of action did not survive Lococo’s death, we must dismiss the above-styled appeal.
Selected “not to be published” Opinions–
96. Uninsured Motorist Benefits
Angela Ellis Hunter vs. Unknown Defendant and State Farm Mutual Automobile Ins. Co.
COA Not to Be Published Opinion affirming summary judgment dismissing claim for uninsured motorist benefits [interesting decision which ruled on KRS 304.2k0.020 (uninsured motorist benefits with no citation to the actual statute)
MAZE, JUDGE: Angela (Ellis) Hunter appeals from a summary judgment entered by the Jefferson Circuit Court on September 27, 2012. Hunter argues that the trial court improperly dismissed her uninsured motorist claims against State Farm Mutual Insurance Company (State Farm) arising from actions of an unknown driver who fled the scene of an accident. However, since the trial court found that the vehicle occupied by the unknown driver was insured, we agree that State Farm’s obligation to pay uninsured motorist benefits was not implicated. Hence, we affirm the summary judgment dismissing that claim.
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.
The complete set of this week’s minutes listing all decisions (published and not to be published) with links to the full text of each at the AOC, are below:
[gview file=”https://kycourtreport.com/wp-content/uploads/2016/02/MNT02052016.pdf”]