Second Boyd County Courthouse. Located in Catlettsburg, Kentucky. Construction began in 1910, finished in 1912. Frank Milburn, architect from Columbia, SC, design was influenced by Beaux Art. Milburn designed several other Kentucky Courthouses. Built using Indiana limestone. Distinction of being the First Kentucky courthouse to have air conditioning. Image used courtesy of Keith Vincent, www.CourtHouseHistory.com
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 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 Court of Appeals Decisions
Links are to full text of PDF published cases for this week.
456. Warehouseman’s Lien. KRS 355.7-209.
New Tech Mining, Inc. v. The Kentucky Coal Venture I, LLC
Court of Appeals Published Opinion VACATING and REMANDING Pike Circuit Court Order Granting a Warehouseman’s Lien pursuant to KRS 355.7-209.
While there may have been other legal theories under which THC may have sought remuneration for its expenditures related to security at the mine site which it contended were incurred solely for the benefit of Appellants, it did not do so. Instead, THC focused solely on the Warehouseman’s Lien statutory scheme, a strategic decision which ultimately proved unsuccessful. It is not the responsibility of the courts to protect a party from its own misjudgement.
Therefore, for the foregoing reasons, the judgment of the Pike Circuit Court is vacated insofar as it purports to grant a lien in favor of THC for the provision of security services at the Netley Branch Mine site, and this matter is remanded for entry of such orders as are necessary to extinguish the liens previously granted.
458. Torts. Failure to train. Failure to provide medical care.
Scott McCallister v. James D. Riley
Court of Appeals Published Opinion AFFIRMING Crittenden Circuit Court summary judgment dismissing plaintiff’s claims seeking damages against three jail officials arising from an altercation with another inmate. Finding no error COA affirmed.
467. Board of Claims. Post Judgment Interest. Accrual.
Virginia Gaither vs. Commonwealth of Kentucky Justice and Public Safety Cabinet
Court of Appeals Published Opinion REVERSING and REMANDING Franklin Circuit Court Order denying Estate’s claim for post-judgment interest on a Board of Claims award. The dispute concerned the date on which the interest begins to accrue.
The appellees point out that there had been no determination of the amount that was owed to the Estate until the final decision of the Kentucky Supreme Court, and argue that it would be inequitable to require the Commonwealth to pay interest on a judgment that had never been entered. But the judgment of January 5, 2011, met the definition of a judgment under CR 54.01, as it was “a written order of a court adjudicating a claim or claims in an action or proceeding.” Admittedly, it awarded no funds whatsoever to the Gaither Estate. But, under Esenbock, even if the award is nonexistent, as in the case of the estate of the deceased passenger which the trial court held was not entitled to any recovery whatsoever, post-judgment interest will be awarded from the date of the original, erroneous judgment, not the judgment entered upon remand. Under our case law, the Gaither Estate is entitled to post-judgment interest on the amount of $148,787.12, accruing from January 5, 2011.
471. Workers Compensation. Average Weely Wage.
Steven Belcher v. Manpower of Indiana
Court of Appeals Published Opinion AFFIRMING Workers Compensation Board decision which had affirmed in part, vacated in part, and remanded with instructions that the ALJ recalculate the average weekly wage in accordance with KRTS 342.140(1)(d).
We agree with the Board, which held as follows: “KRS 342.140(1)(d) is the applicable statute since Belcher earned an hourly wage, and had worked for Manpower for more than thirteen weeks immediately preceding the injury.” We also agree with the Board that the ALJ’s computation was not calculated in accordance with KRS 342.140(1)(d) because he did not base it on thirteen consecutive calendar weeks.
Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:
456. Insurance Coverage. Single event.
Kentucky Insurance Guarantee Association v. William A. Rood, D.V.M.
COA Not to Be Published Opinion AFFIRMING in part & REVERSING in part, AND REMANDING Fayette Cir. Ct. Declaratory Judgement Actions
KIGA appeals from two declaratory judgments holding that Dr. William Rood and Dr. William Bernard were each, not collectively, entitled as claimants to the $300,000.00 maximum benefit under KRS1 304.36-080(1)(a). This followed a suit filed against their veterinary hospital. KIGA alleges that the trial court erred when it held that Rood and Bernard were each entitled to reimbursement when neither was a named party in the underlying suit. KIGA also challenges Rood and Bernard’s standing to file a declaratory action and the trial court’s holding that KIGA was not due an offset against its liability.
We conclude that Rood and Bernard could be reimbursed only for the single claim the third-party claimant brought against their veterinary hospital after a single insurable event. However, we agree with the trial court that KIGA was not entitled to reduce its obligation to Rood and Bernard by the amount received by the third-party claimant for his loss.
460. Open Records Act Request Petition Dismissed for criminal records from AOC
Jeffrey Carpenter v. Administrative Office of the Courts
COA Not to Be Published Opinion AFFIRMING dismissal.
OC was not obligated under KORA to provide Carpenter with his centralized criminal history record. The only authority to which Carpenter cites in his argument to the contrary are statutes to which AOC is not bound. AOC has a procedure in place by which inmates and others may obtain their records; and Carpenter can avail himself of this procedure at any time. However, for purposes of his Petition, he is without a legal remedy. Accordingly, the order of the Franklin Circuit Court dismissing Carpenter’s Petition is affirmed.
