Second Butler County Courthouse. Built in 1873 under the administration of Judge Thomas C. Carson. Two story Italianate design with a hexagonal cupola. Replaced in 1975 by the current colonial style courthouse. “[Italianate design] is distinctive by its pronounced exaggeration of many Italian Renaissance characteristics: emphatic eaves supported by corbels, low-pitched roofs barely discernible from the ground, or even flat roofs with a wide projection. A tower is often incorporated hinting at the Italian belvedere or even campanile tower.” Wikipedia.
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.
400. Damages. Termination of Sublease.
DKM Coal Corporation, Inc. v. Roy Crawford, III
Court of Appeals Published Opinion Affirming. Letcher.
COA affirmed partial summary judgment awarding Crawford and Odessa damages, including attorney’s fees and prejudgment interest, in the amount of $134,084.21.
404. Employment.
Kentucky State Police v. Terry Scott
Court of Appeals Published Opinion Affirming. Franklin.
COA affirmed judgement in favor or two KSP arson investigators who sued KSP for alleged violations of their right to equal protection of the law after discovering that another individual had been hired to fill a vacant position for arson investigator position at a higher rate of pay.
406. Appeals. Necessary Party. Easements.
ICON-LEX Development, LLC v. REI Real Estate Services, LLC
Court of Appeals Published Opinion Dismissing. Jefferson.
In case involving easements in gross and easements appurtenant differentiating upon whether the easement benefits a particular grantee or a particular piece of land in which the trial court found in favor of the appellees that the easement in question was an easement appurtenant, the COA dismissed the appeal for lack of jurisdiction for failure to name a necessary party on the appeal.
407. Criminal Law. Search and Seizure.
Ian J. Lydon v. Commonwealth of Kentucky
Court of Appeals Published Opinion REVERSING AND REMANDING. Christian.
COA reversed search and seizuire of evidence observed and photographed without a warrant, concluding that officers lacked any recognized exigent circumstance justifying their warrantless entry into Lydon’s home.
411. Failure to pay child support.
Henry Spencer v. Commonwealth of Kentucky
Court of Appeals Published Opinion REVERSING and REMANDING. Barren.
Reversed family court’s contempt finding that Spencer failed to pay child support when COA concluded the family court erred when it ordered a term of imprisonment but failed to set an attainable purge amount. Remanded for additional proceedings congruent with this Opinion.
413. Torts. Wrongful Death. Unlicensed driver. Proof of insurance. Negligent Entrustment.
Sandra Burchett v. Amanda Burchett
Court of Appeals Published Opinion Affirming. Lawrence.
COA affirmed dismissal of wrongful death suit against an automotive dealer and his insurer.
Case involved a sale of an automobile to an unlicensed purchaser who did not have insurance when the collision occurred killed the decedent.
After considering and weighing the evidence, the jury determined that Perry delivered the automobile’s original title and an Application for a Kentucky Certificate of Title to Blair and Amanda on May 14, 2012. The jury also determined that Amanda did not have a drivers’ license. Based on the jury’s determination, the trial court ruled that title to the automobile transferred on the day of the sale and eliminated any issues relating to Perry’s alleged liability. The trial court dismissed Perry from the action on September 10, 2014, but held the action open until Blair’s liability was decided. Upon a joint motion of the parties to do so, the trial court entered a final order dismissing Perry from the action on January 6, 2015. This appeal followed.
Because the jury determined that Perry delivered the necessary title documents to Blair and Amanda on May 14, 2012, Blair and Amanda became the owners of the automobile on that day. Moreover, since Perry was no longer the owner, he was under no duty to prevent either Blair or Amanda from driving the automobile on the day of the accident. Finally, because Perry transferred the title documents to Blair and Amanda directly, and did not retain the certificate of title with the consent of the new owners to file it with the county clerk, he did not have to verify whether Blair or Amanda were insured.
“The common law theory of negligent entrustment is that one who entrusts his vehicle to another whom he knows to be inexperienced, careless, or reckless, or given to excessive use of intoxicating liquor while driving, is liable for the natural and probable consequences of the entrustment.” McGrew v. Stone, 998 S.W.2d 5, 9 (Ky. 1999) (emphasis added). Logically, one cannot maintain a negligent entrustment suit against the former owner of a vehicle who properly transferred ownership of the subject vehicle. See Graham v. Rogers, 277 S.W.3d 251 (Ky. App. 2008).
Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:
409. Dismissal for lack of prosecution affirmed.
Estate of Elizabeth Cooper v. Daniel Towner
COA Not to Be Published Opinion AFFIRMING. Bullitt.
An agreed order to dismiss a party does not constitute pretrial activity or step such as discovery to avoid dismissal for lack of prosecution. Potential barring of action following dismissal without prejudice has no bearing.
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