Anderson County Court House, Another View (Photo by Michael Stevens)

Anderson County Court House, Another View (Photo by Michael Stevens)

This week’s Court of Appeals decisions numbered 415-436 with 22 decisions; 6 decisions to be published.

The published decisions can be directly accessed as follows:

Click here for links to all the archived Court of Appeals minutes.

This week’s tort report of tort, insurance and civil decisions.

421.  Official Immunity.  Ministerial acts vs. discretionary acts.
Estate of Megan Morris vs. Tony Smith
Published, COA, 5/9/2014 from Graves County

ACREE, CHIEF JUDGE: The Estate of Megan Morris, by and through her personal representative, Diane Mobley (the Estate), and Diane Mobley, individually, appeal the August 15, 2012 order of the Graves Circuit Court granting summary judgment to each member of the Graves County Fiscal Court, including the county judge executive, individually, and Danny Travis, the road foreman, individually. The circuit court concluded the Appellees are each cloaked with, and protected by, official immunity. We agree and affirm.

432.  Arbitration Clauses and Ping vs. Beverly Enterprises
Kindred Healthcare, Inc. vs. RIck Henson, Next Friend of Mary Ferguson
Published, COA 5/16/2014 from Warren County

NICKELL, JUDGE: The Warren Circuit Court denied Kindred’s motion to compel arbitration in compliance with an alternative dispute resolution (“ADR”) agreement Kindred maintains it had entered into with Mary Ferguson. The denial was based on the trial court’s interpretation and application of the holding in Ping v. Beverly Enterprises, Inc., 376 S.W.3d 581 (Ky. 2012). Kindred timely appealed from the adverse ruling. Following a careful review of the record, briefs, oral arguments of counsel and applicable law, we affirm.

[gview file=”http://apps.courts.ky.gov/Appeals/Minutes/MNT05162014.pdf”]