This week’s Court of Appeals decisions numbered 558-587, with 30 decisions; 3 of which have been designated “to be published”. COA addressed PIP carrier’s use of medical doctors to review chiropractors; absolute immunity and qualified immunity of county road supervisors.
A black and white vintage filter can take you back in time when looking at the town squares with their older architecture. Here is a view from the front steps of the Bourbon County Court House in Paris, Kentucky with “paper texture” added for an older look. Late model truck takes you back to the future.
Photo by Michael Stevens, 4/2/2014.
The published decisions for June 27, 2014 with name, link to full text, and key issues are:
583. Criminal Law. Held trial court abused its discretion in not appointing an interpreter for the defendant and reversed and remanded the conviction.
Mohamud Abukar vs. Commonwealth of Kentucky
571. Regulatory Law. Held the statutory “peer review” process for chiropractors is nonbinding and does not prohibit medical doctors conducting reviews of chiropractic treatment
Commonwealth of Kentucky Board of Chiropractic Examiners vs. Charles Barlow, MD
578. Workers Compensation. Reversed WCB ruling in which WCB reweighed evidence and substituted its judgment over ALJ to resolve medical fee dispute in favor of its former employee
Sumitomo Electric Wiring vs. Sheila Woosley Kingery
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. 565. Immunity, Absolute and Qualified County of Boyd, Ky vs. Paula Qualls, Individually and Guardian of David Qualls COA Not Published 6/20/2014, Reversing and Remanding
VANMETER, JUDGE: Appellants1 appeal from the Boyd Circuit Court order which denied their motion for summary judgment on the basis that Boyd County and Keith Robinette [County Road Supervisor] were not immune from suit from Paula Qualls’s2 negligence action. After extensive review of the record and applicable law, we reverse and remand this case with instructions for the trial court to enter an order granting summary judgment in favor of Appellants .
Qualls’s complaint alleged that Hall Ridge Road conditions were unsafe, and that Boyd County and Robinette negligently constructed and maintained the road, etc. Robinette is clothed in absolute immunity since his actions in a representative (official) capacity fall under the umbrella of the sovereign immunity afforded to Boyd County.
Yanero v. Davis, 65 S.W.3d 510, 521-22 (Ky. 2001);
Estate of Clark ex rel. Mitchell v. Daviess County, 105 S.W.3d 841, 844 (Ky. App. 2003). In other words, any action against Robinette in his official capacity is essentially an action against the county, which is barred by sovereign immunity.
Clark, 105 S.W.3d at 844. Accordingly, summary judgment in favor of Boyd County and Robinette, in his official capacity, is warranted.
Based on the foregoing, we find Robinette exercised his sound judgment, in good faith, by not installing a guardrail and/or warning sign at the site where Qualls’s accident occurred. The record shows his decision not to place a guardrail and/or sign at the location in question was based on consideration of fiscal factors, availability of materials, and the necessity of placing it at that particular location, as opposed to other locations. The road department had not received any complaints about the condition of the road and Robinette had received no directive to install a guardrail and/or sign at this location. Thus, his decision not to do so was discretionary and he is entitled to qualified official immunity. The trial court erred as a matter of law by not granting summary judgment in his favor with respect to the claims asserted against him in his individual, as well as official, capacity.
[gview file=”http://apps.courts.ky.gov/Appeals/Minutes/MNT06272014.pdf”]
