The Court of Appeals posted 47 decisions on Jan. 13, 2017, numbered 1 through 23 with 6 decisions designated for publication.
Published Decisions (with topic and county indicated)
30. Statute of Limitations. Calculating the date for accrual “the date when the cause of action was, or reasonably should have been, discovered”
Victory Community Bank v. Lionel Socol
Court of Appeals Published Opinion AFFIRMING (Kenton County)
32. Post-Judgment Interest. Judicial discretion.
Hazel Enterprises, LLC v. Scott Alan Ray
Court of Appeals Published Opinion AFFIRMING (Warren)
38. Medical products liability and federal preemption.
Cales v. Baptist Healthcare System, Inc.
Court of Appeals Published Opinion AFFIRMING (Christian)
39. Open Records. Must produce suitably redacted copies of final tax rulings
Finance & Administration Cabinet v. Sommer
Court of Appeals Published Opinion AFFIRMING in part and REVERSING and REMANDING (Fayette)
40. Pre-Injury release. Signed before church trip.
Grego v. Jenkins
Court of Appeals Published Opinion REVERSING & REMANDING (Jefferson)
Because the law disfavors such contractual provisions, “[t]he wording of the release must be ‘so clear and understandable that an ordinarily prudent and knowledgeable party to it will know what he or she is contracting away; it must be unmistakable.’”
Specifically, a preinjury release will be upheld only if:
(1) it explicitly expresses an intention to exonerate by using the word ‘negligence;’ or
(2) it clearly and specifically indicates an intent to release a party from liability for a personal injury caused by that party’s own conduct; or
(3) protection against negligence is the only reasonable construction of the contract language; or
(4) the hazard experienced was clearly within the contemplation of the provision.
No special treatment for churches/charities, and just need to have clear exculpatory language in release.
43. Retirement Benefits Calculation when incentive pay involved.
Smith v. Teachers Retirement System
Court of Appeals Published Opinion AFFIRMING (Franklin)
54. Criminal Law. Revoking Shock Probation.
Flaugher v. Commonwealth of Kentucky
Court of Appeals Published Opinion VACATING (Mason)
Selected not to be published decisions:
24. Power of attorney and arbitration clause at nursing home. Not specifically granted in POA.
Kindred Nursing Centers Limited Partnership v. Powell, Est. of Virginia Wells
COA Not to Be Published Opinion AFFIRMING (Marshall)
25. Agreed judgment, settlement agreement, and compliance.
McCarthy v. Kimberly Maius-Streutker, Adm’x Est. of Nora L. Minning
COA Not to Be Published Opinion AFFIRMING (Grant)
26. POA did not confer authority to agree to mandatory arbitration
Kindred Nursing Centers v. Withers
COA Not to Be Published Opinion AFFIRMING (Hardin)
28. SOL. Calculating date knew or should have known.
Russell v. Gundelly, Dr.
COA Not to Be Published Opinion AFFIRMING (Fayette)
36. Torts. Federal claims for deprivation of constitutional rights under the color of state law pursuant to 42 U.S.C.2 §1983. Proof of legal duty.
Hurst v. Caldwell
COA Not to Be Published Opinion AFFIRMING Summary Judgment (Mercer)
41. Statute of Limitations. Time barred fraud claim.
Dattil0 v. Collins (link to decision ‘fixed’)
COA Not to Be Published Opinion AFFIRMING (Christian)
47. Qualified official immunity. Childcare providers.
Nelson County Board of Education v. Newton
COA Not to Be Published Opinion AFFIRMING, in part, VACATING in part, and REMANDING (Nelson)
53. Workers Comp, Past-due benefits, and attorney fees.
Memorial Hospital v. Morgan
COA Not to Be Published Opinion (Clay)
62. Medical Negligence. Jury instructions.
Fonts v. Dr. Bux
COA Not to Be Published Opinion AFFIRMING (Boyle)
64. Foreign judgment. Jurisdiction. In personam.
Mitchell v. Leed HR, LLC
COA Not to Be Published Opinion VACATING and REMANDING (Jefferson)
All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority. See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)
You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision. Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.
For links to all our posts on the minutes of the Court of Appeals, then click here.
For the index to archived minutes at the official AOC page, then click here.
