Did you know that Corydon (less than an hour from the Falls of the Ohio) was Indiana’s first State Capital? And that Confederate General and Raider John Morgan ventured north of the Ohio River on one of his incursions of the North during the Civil War?
The Kentucky Court of Appeals announced 26 decisions on July 17, 2015, with 2 of their opinions designated to be published.
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 all of 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 appellate cases for this week – July 17, 2015:
602. Criminal Law. Reckless homicide; child’s death; evidence
Jesse Allision vs. Commonwealth of Kentucky
613. Commonwealth of Kentucky. Criminal mischief, tire slashing, and continuing scheme.
Charles Coberly vs. Commonwealth of Kentucky
Selected not to be published decisions on tort, insurance and civil–
603. Venue. Continuing jurisdiction issue upon transfer of venue.
Kelly King, Adm’x of Est. of Sharon Gette vs. Bluegrass Regional Psychiatric Services
COA, Not to be published opinion vacating, remanding, dismissing, 7/17/2015; Boone County
While fascinating, the historical facts precipitating these appeals are all but irrelevant to our review. Therefore, our recitation of them will be truncated. Sean Noakes was released from a court-ordered involuntary hospitalization at Eastern State Hospital, a psychiatric facility operated by Bluegrass, on June 27, 2008. Dr. Corales was designated as Noakes’ treating psychiatrist during his hospitalization. Less than two weeks after his release, on July 9, 2008, Noakes visited the home of Sharon Gette and her mother, Barbara Rodgers. During the visit, Noakes perpetrated a brutal knife attack on the women, resulting in Gette’s death and serious injuries to Rodgers. Noakes was arrested the same day and was ultimately convicted of numerous criminal offenses related to the attack. He is currently serving two life sentences.
In March of 2012, Bluegrass and Dr. Corales requested the trial court reexamine its holding regarding venue in light of this Court’s recent opinion in O’Bannon v. Allen, 337 S.W.3d 662 (Ky. App. 2011) (venue is proper where alleged negligence occurs, not where resulting damage is suffered). King and Rodgers objected to any transfer and maintained Boone Circuit Court was the proper venue for their actions. On June 4, 2012, the trial court entered an order in each action transferring venue to Fayette Circuit Court on the strength of O’Bannon and Copass v. Monroe County Medical Foundation, Inc., 900 S.W.2d 617 (Ky. App. 1995).
In the recent case of Cabinet for Health and Family Services v. J.T.G., 301 S.W.3d 35, 38-39 (Ky. App. 2009), a panel of this Court analyzed the jurisdiction of a circuit court following transfer in the context of a civil matter. . . . Applying the foregoing analysis to the case sub judice, it is plain that the Boone Circuit Court did not have general jurisdiction when it entered the September 13, 2012, order in light of the fact it had transferred the action to Fayette Circuit Court on June 4, 2012, and no order returning the matter to Boone Circuit Court had been sought nor entered. Consequently, the September 13, 2012, order was of no consequence or legal effect. We have no discretion and must conclude it should be vacated and set aside. S.J.L.S., 265 S.W.3d at 833. These actions were validly transferred to Fayette Circuit Court, and there they must proceed.
605. Torts. Negligent hiring, supervision. Bifurcation. Unsigned jury verdict.
Brandon Hall vs. Goss Avenue Antiques and Interiors
COA, Non Published Opinion Affirming; 7/17/2015; Jefferson County
Bifurcation.
Hall first argues that the trial court erred in granting the motion to bifurcate the trial. He contends that although the trial court considered that it “may be prejudicial” to allow information about Sullivan’s criminal acts or other bad acts when deciding the employment issue, it did not consider the prejudice to Hall or make any findings on judicial economy or convenience. We apply an abuse of discretion standard when considering an evidentiary issue. We conclude that the decision to bifurcate the proceeding does not constitute an abuse of discretion and accordingly find no error on this issue.
Directed Verdict.
In order to review the trial court’s actions in the case at hand, we must first determine whether the trial court favored the party against whom the motion was made, including all inferences reasonably drawn from the evidence. Next, “the trial court must determine whether the evidence favorable to the party against whom the motion is made is of such substance that a verdict rendered thereon would be ‘palpably or flagrantly’ against the evidence so as ‘to indicate that it was reached as a result of passion or prejudice.’” Id. If the answer to this inquiry is in the affirmative, we must affirm the trial court’s granting of the motion for directed verdict. Moreover, “[i]t is well argued and documented that a motion for a directed verdict raises only questions of law as to whether there is any evidence to support a verdict.” Harris v. Cozatt, Inc., 427 S.W.2d 574, 575 (Ky. 1968). “[A] reviewing court cannot substitute its judgment for that of the trial judge unless the trial judge is clearly erroneous.” Bierman, 967 S.W.2d at 18. We affirm the trial court’s denial of Hall’s motion for directed verdict.
Unsigned Jury Verdict.
In Hall’s case, the jury properly signed the verdict form and their verdict was confirmed when the jury was polled. The interrogatory, though unsigned, conformed to both the verdict and the verbal response by the jurors when they were polled. There was no prejudice to Hall and there is no reversible error by the trial court.
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