The Ballard County Courthouse, located at Fourth and Court Streets in Wickliffe, is the center of government of Ballard County, Kentucky. The courthouse was constructed from 1900 to 1905. It was the first permanent courthouse in Wickliffe and replaced a courthouse in Blandville that burned down in 1880. Architect Jerome B. Legg designed the courthouse; his design features an octagonal cupola atop the building, Ionic porticos over three of the entrances, and a central pavilion on each side. The courthouse was added to the National Register of Historic Places on February 27, 1980.
PUBLISHED DECISIONS:
159. Settlement agreements and releases.
Estate of Geneva Adams, by and through her personal representative Sharon Mitchell v. Dr. Phillip Trover, et al
Court of Appeals affirmed summary judgment enforcing settlement agreement release of medical providers rejecting appellant’s four specific arguments: (1) Geneva signed the release under duress; (2) the release was not supported by valuable consideration; (3) Geneva did not have the mental capacity to execute the release; and (4) Geneva did not understand the subject matter of what she was releasing.
“An agreement to settle legal claims is essentially a contract subject to the rules of contract interpretation” and contract interpretation is a legal question for the court. Cantrell Supply, Inc. v. Liberty Mut. Ins. Co., 94 S.W.3d 381, 384 (Ky. App. 2002).
Selected cases that were not designated for publication in tort, insurance and civil law.
161. Statute of limitations. Liability claim time-barred against the decedent/estate is time-barred against the UIM carrier as well.
Jackson v. Estate of Gary Day
COA applied Gailor v. Asabi on claim time-barred against decedent and amending the complaint did not relate back to now include the decedent’s estate. Although claim against UIM carrier was not time-barred when asserted against the UIM carrier, the insured is not entitled to payments under his UIM policy that he could not recover against the tortfeasor.
The UIM carrier and the tortfeasor are “codebtors in solido,” Coots v. Allstate Ins. Co., 853 S.W.2d 895, 902 (Ky. 1993), i.e., they are jointly and severally liable for damages recoverable as a result of the tortfeasor’s negligence. Black’s Law Dictionary 799 (7th ed. 1999) (defining “in solido”). The UIM carrier’s liability is measured by the liability of the tortfeasor and the amount of the tortfeasor’s insurance or lack thereof. Coots, 853 S.W.2d at 902.
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You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision. Please note that you will have to check Case Information for each decision for finality (if not already marked on first page of decision after publication), amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky. Click Court of Appeals Minutes for entire listing of weekly minutes.
All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority. See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)
