A complete list of the Court of Appeals decisions/minutes for this week listing all published and non-published decisions (with direct links to full text).  In the event our site is down, you can locate these and other minutes in the AOC archives by Court of Appeals Minutes.

Direct links to published decisions:

567.  Dr. Lipson v. University of Louisville
Pay dispute.  Contract.

570.  Smoot v. Commonwealth of Kentucky   [link in minutes is broken]
AFFIRMED. Criminal Law. KRE 404; Reverse 404(b) prior bad act excluded against gov’t witness; impeachment limitation; statement to police and counsel request claimed.

576. Taylor v McCoy Elkhorn Coal Co.
Workers Compensation.

580.  S.(C.) v. Commonwealth of Kentucky
Reversing.  Contempt (minor); habitual runaway.

581.  Brank v. Commonwealth of Kentucky
Criminal Law.  Suppression.  New trial.

584.  City of Nicholasville Police Dept v. Abraham
Vacate and Remand.  Relief granted on failure to give sudden emergency instruction and limitation on plaintiff’s expert witness.  No relief re collateral source.

588.  Keith v. Keith
Reversing in part and remanding.  Divorce.  Relief granted re judge’s insufficient findings and conclusions regarding tax exemption of minor.

Selected tort/civil decisions NOT designated for publication:

573.  Estate of Glenda Thomas v. University Medical Center (UofL) 
Affirming.  Not abuse of discretion not to admit Root Cause analysis and Action Plan in malpractice case.

574.  O’Bannon v. Boys & Girls Club, Inc. 
Rev and Remanded.  Issues over scope of employment in personal injury MVA.

575.  GEICO Indemnity Co; v. Murad
Reversing and remanding.
Insurance.  “Murad was not the owner of the Mitsubishi Eclipse at the time he obtained a motor vehicle insurance policy from GEICO in April of 2008, ostensibly covering the Mitsubishi Eclipse. Equally important, he was not the owner of the Mitsubishi Eclipse at the time of the accident on September 14, 2008. Thus, with Murad having no insurable interest in the Mitsubishi Eclipse, the motor vehicle insurance policy issued by GEICO listing the Mitsubishi Eclipse as an insured vehicle was void ab initio as a matter of law. Accordingly, we conclude that the circuit court erred as a matter of law by not granting GEICO’s motion for directed verdict.”  Note Geico used this argument to fight subrogation for damages paid by Liberty Mutual.  Odd fact pattern.

583.  Wilson Equipment Co v. Motorists Mutual Ins. Co. 
Reversing and remanding.  Insurance policy coverage.  Indemnification.