Court Houses of Allen County, Scottsville, Kentucky.
Top Left built 1903
Top Right built 1967
Bottom built 2012
Court House Photos published with permission of Keith Vincent with www.Courthousehistory.com
The Kentucky Court of Appeals announced 22 decisions on March 20, 2015, with three (3) 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 Adminisrative 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).
For the complete set of this week’s minutes listed all decisions (published and not to be published) with links to the full text of each at the AOC, the continue reading below the digested summaries of this week’s published cases.
Published appellate cases for week of Mar. 20, 2015:
226. Campbell County Public Library vs Coleman
Local Taxation
TAYLOR, JUDGE: At issue in this consolidated appeal from the Campbell and Kenton Circuit Courts is whether public libraries in Kentucky, created by petition pursuant to Kentucky Revised Statutes (KRS) 173.710 et seq., may assess the library’s ad valorem tax rate in accordance with KRS 132.023 (commonly referred to as House Bill 44) or pursuant to the provisions of KRS 173.790.
230. Kerrie Hosick Herron vs. Patricia Hosick
Wills and Estates, Real Property Interest
JONES, JUDGE: This appeal concerns the interpretation of a will and the devise of real property. Appellant, Kerri Hosick Herron, appeals from the declaratory judgment of the Livingston Circuit Court determining that she has no remaining interest in the property. For the reasons set forth below, we AFFIRM IN PART, REVERSE IN PART, AND REMAND.
239. Mamie Baytos vs. Family Dollar
Workers Compensation
COMBS, JUDGE: Mamie Baytos appeals the order of the Worker’s Compensation Board which reversed the order of the Administrative Law Judge. After our review, we vacate the order of the Board and remand.
Mamie’s husband, Stephen Baytos, was employed by Family Dollar Stores. He sustained a serious work-related injury (a torn thoracic aorta) on February 9, 2006. As a result of the injury, Stephen died on December 3, 2009. Pertinent to this case, before Stephen passed away, he entered into a settlement with Family Dollar. He accepted a lump-sum payment and agreed not to pursue any future claims. The settlement was not signed by Mamie, and it did not include references to any future rights that she might have.
The substantive issue which Mamie presents is whether the Board erred by determining that Stephen’s agreement with Family Dollar prohibits her from seeking death benefits. Kentucky Revised Statute[s] (KRS) 342.750 allows surviving spouses to receive death benefits if the injured employee dies within four years of sustaining the injury. It makes no mention of prior agreements reached between the employer and the injured employee. ***
The predecessor to our Supreme Court provided guidance for this scenario in Brashear v. Old Straight Creek Coal Corp., 236 Ky. 83, 32 S.W.2d 717 (Ky. 1930). The employer coal company compensated Brashear for an injury covering a period of time until he signed a receipt indicating that he had received the final payment. Id. The Court held that Brashear’s “final settlement [did] not prevent an award to the widow . . . .” 236 Ky. at 85, 32 S.W.2d. at 718.
Tort and insurance decisions:
228, Ashcraft vs. Patrick B. Kennedy DMD COA, NPO 3/20/2015 (dental negligence). NICKELL, JUDGE: Julia Ann Ashcraft, pro se, has appealed from the Jefferson Circuit Court’s entry of summary judgment in favor of Patrick B. Kennedy, D.M.D., on her claims of dental malpractice. We affirm.
237. Larry Ashlock vs. Jesse James Riding Stables, Inc. COA NPO 3/20/2015 (workers compensation attorney fees). MAZE, JUDGE: Larry D. Ashlock (Ashlock) petitions for review of an Opinion by the Workers’ Compensation Board (Board) that affirmed an order by the Administrative Law Judge (ALJ) awarding attorney fees in a claim brought by Phillip Moore and apportioning those fees between Ashlock, Moore’s former counsel, and Ched Jennings, Moore’s current counsel. We agree with the Board that the ALJ is not required to make specific findings concerning the value of services provided by a discharged attorney, but may apportion the total award upon finding that the prior attorney was not discharged for cause. We further conclude that the ALJ’s findings were sufficient to support the total award and that the apportionment of attorney fees was within the ALJ’s discretion. Hence we affirm.
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