The Kentucky Court of Appeals announced 22 decisions this week, numbered 610-631, designating 2 to be published and the the remainder not to be published but posted and available for your reading nonetheless.
Some issues you may find of interest are KSP trooper’s testimony re human factors; insurance bad faith claim on homeowners policy addressing a myriad of issues which should be read as a primer for those considering taking on the complexity of bad faith litigation (eg.,provisions of insurance contract, coverage and exclusions of contract, reasonable expectations doctrine, duty to mitigate damages, insurer’s motion for summary judgment directed verdict and JNOV, trial court’s evidentiary rulings on evidence of settlement negotiations and admission of expert testimony, and jury instructions) in which Kentucky lawyer Austin Mehr prevailed at both the trial and on appeal.
Bourbon County Judicial Center, Paris, Kentucky
Photo taken by Louisville Lawyer, Michael Stevens using a Canon EOS 60D on 4/2/2014
The published decisions for July 11, 2014 with name, link to full text, and key issue are:
612. Torts. Experts; Directed Verdict.
WERNER ENTERPRISES VS. NORTHLAND INS. CO.
COA Published 7/11/2014 from Webster County
COA affirmed jury verdict involving three car collision addressing KSP trooper’s testimony re human factors and the directed verdict.
Here is a quick summary of the facts:
Three vehicles were traveling on the Pennyrile Parkway when three coal trucks passed them in the left-hand lane. After passing the cars, the trucks returned to the right hand land, hit a bump and caused a cloud of dust. Selaci was in vehicle one with his son a passenger driving a Translink Trucking truck insured by Northland; vehicle 2 was Whobey driving a Werner owned vehicle; and vehicle 3 was driving by Norman Camp. Ray Jones owned the tree coal trucks which did not strike each other or any of the three vehicles. The cloud of dust impaired the vision of the three vehicles and caused them to collide with each other.
The procedural history of this was not unusual with Northland starting the ball rolling by filing a subrogation property damage claim (to vehicle no 1) against No. 2 (Werner Whobrey). Selaci and Son (no 1) sued No 2 (Werner Whobrey) for personal injuries with No. 2 (Werner Whobrey bring in the Coal Trucks Owner (Ray Jones). Once Ray Jones was in, Northland amended their complaint for property damages to add Ray Jones Trucking (three coal trucks).
618. Kentucky OSHA Violations
BOWLIN GROUP LLC VS. SECRETARY OF LABOR
COA Published 7/11/2013 from Franklin County
ACREE, CHIEF JUDGE: Bowlin Group, LLC, appeals from the February 7, 2013 Opinion and Order of the Franklin Circuit Court which affirmed the Decision and Order of the Kentucky Occupational Safety and Health Review Commission which upheld the Secretary of Labor’s citation of Bowlin for a safety violation. We affirm.
Click here for links to all the archived Court of Appeals minutes.
“Continue reading” for the Tort Report and a complete copy of this week’s minutes of ALL decisions with links to their full text.
The Tort Report – Selected decisions this week on tort, insurance and civil law.
612. Torts. Experts; Directed Verdict.
WERNER ENTERPRISES VS. NORTHLAND INS. CO.
COA Published 7/11/2014 from Webster County
613. Nursing Home Compulsory Arbitration Agreement, Power of Attorney, Ping vs. Beverly Enters, Inc., and Claims against nursing home for negligence
KINDRED NURSING CENTERS VS. TOMMY GOOCH, ADM’R ESTATE OF LUCILLE JONES, DECEASED
COA, Not to be Published 7/11/2014 from Boyle County
VANMETER, JUDGE: Appellants,1 hereinafter collectively referred to as “Kindred,” appeal from the Boyle Circuit Court’s order denying their motion to compel arbitration and invalidating the agreed order to arbitrate between Kindred and Tommy Gooch. For the following reasons, we reverse and remand this matter for further proceedings.
This appeal arises from Gooch’s claims of negligence in the care of his aunt, Lucille Jones, while she was a resident of Kindred’s Danville Centre for Health and Rehabilitation.
The judgment of the Boyle Circuit Court is reversed and this case is remanded with directions for the court to reinstate the 2012 agreed order and permit the parties to proceed to arbitration pursuant to its terms.
616. Insurance. Bad Faith Claim. Homeowners Policy (all perils policy, earthquake coverage, and earth movement exclusion in all perils)
AUTO-OWNERS INS.CO. VS. LISA WARREN
COA, Not to be published 7/11/2014 from Franklin County
MAZE, JUDGE: Appellant, Auto-Owners Insurance Company (hereinafter “Auto- Owners”), appeals the trial court’s decisions on various motions filed during the litigation and trial of Lisa Warren’s suit against it alleging breach of an insurance contract.
The jury returned a verdict for the full amount of compensatory damages Warren sought for repair of the home, her additional living expenses, and damaged or lost personal property. The jury’s award totaled $119,913.47, plus interest. Auto-Owners filed motions for judgment notwithstanding the verdict (“JNOV”) and for a new trial. Auto-Owners now appeals from the denial of these motions. Further facts are provided infra as necessary to fully develop our analysis of the several issues raised on appeal.
Finding no error among the many rulings of the trial court (eg., provisions of insurance contract, coverage and exclusions of contract, reasonable expectations doctrine, duty to mitigate damages, insurer’s motion for summary judgment directed verdict and JNOV, trial court’s evidentiary rulings on evidence of settlement negotiations and admission of expert testimony, and jury instructions), we affirm.
[gview file=”http://apps.courts.ky.gov/Appeals/Minutes/MNT07112014.pdf”]
