This is the third courthouse for Breathitt County located at county seat, Jackson, Kentucky. Construction began in 1876, remodeled in 1899, with a 1912 addition of the tower and clock. The first courthouse was built in 1839 out of logs and was partially destroyed by the Rebels during the Civil War. Circuit court was held in a local home until the second courthouse which was built of brick was completed in 1866. It was destroyed by fire in 1873 and many believed it was burned down to destroy certain deeds.
Six published decisions this week.
Expert testimony regarding emotional damages was addressed in Crook v. Dr. Sean Maguire when Mr. Crook brought a claim for identity theft arising from the investigation of local doctor’s prescription writing and concerns that Crook participated in the prescription scheme which he denied throughout the investigation but was always under the threat of being criminally prosecuted. The Court took a close look at several cases in this area with a focus primarily on the Supreme Court’s decision in Indiana Ins. Co. vs. Demetre.
Mandy Jo’s law was applied to deny a father a share of a recovery from his son’s death in a wrongful death claim in Sims vs. Estate of Brandon Michael Blake.
COA DECISIONS DESIGNATED FOR PUBLICATION:
345. Emotional damages and expert testimony in statutory claims (identity theft). Also NIED and IED.
Crook v. Dr. Sean Maguire
Opinion affirming in part, reversing in part, and remanding. Hopkins County.
A claim pursuant to KRS 411.210(1) survives so long as the plaintiff demonstrates that he was a “victim” under “KRS 434.872, 434.874, 514.160, or 514.170[.]” Id. A plaintiff who has a cause of action under KRS 411.210(1) can recover compensatory damages, punitive damages, and reasonable costs and attorneys’ fees. Because Crook’s claim under KRS 411.210 is grounded in statute, we must consider whether Osborne’s expert evidence requirement applies to all claims or only IIED and NIED claims.
Demetre’s (Demetre v. Ind.Ins. Co.) claim arose under the Kentucky Consumer Protection Act. Crook’s claim arises under Kentucky’s Identify Theft Act, KRS 411.210. Much like the Consumer Protection Act, KRS 411.210 provides the victim of identity theft with a private, civil cause of action. Since Crook’s claim for emotional damages under KRS 411.210 is grounded in statute, Osborne’s expert requirement does not attach. Id. Demetre makes this clear.
346. Business Transactions. Holding over on lease. Agreement vs. statute. Ruling in favor of commercial landlord.
Stowe d/b/a Ed’s Auto vs. Real Limited Liability Company
AFFIRMING. Greenup Cir Ct
353. Contracts. Deeds/mortgages. Mutual mistake and reformation.
Harms vs. Chase Home Finance, LLC
AFFIRMING. Clay Cir Ct.
Held the trial court did not err in ordering the reformation of the deed and mortgage for mutual mistake, or in entering judgment against the Harmses for unjust enrichment.
356. Disability discrimination; state vs. federal. Failure to accommodate. Resignation and authorized agent to act on claimant’s behalf; husband w/o POA is NOT.
Larison vs. Home of the Innocents
AFFIRMING. Jefferson Cir Ct
To establish a prima facie case of disability discrimination, Ms. Larison must show: (1) that she had a disability within the meaning of KRS 344.010(4); (2) that, despite the disability, she was otherwise qualified to perform the essential functions of the job in question, either with or without reasonable accommodation; (3) that she suffered an adverse employment action because of her disability; and (4) that she was replaced by a non-disabled person or that similarly situated non-disabled employees were treated more favorably. See, e.g., Board of Regents of Northern Kentucky University v. Weickgenannt, 485 S.W.3d 299, 306 (Ky. 2016).
357. Mandy Jo Law Applied. Foreclosed from receiving proceeds of wrongful death recovery on son’s death
Sims vs. Estate of Brandon Michael Blake
AFFIRMING. Scott Cir Ct.
Found that father had abandoned the care and maintenance of his son, Brandon Michael Blake (“Brandon”), during his minority. Based on its factual findings, the circuit court concluded that Bobby was foreclosed by Mandy Jo’s Law, KRS2 391.033 and KRS 411.137, from receiving a distribution from Brandon’s estate or any of the proceeds recovered for Brandon’s wrongful death.
361. Criminal Law.
Rona Alexander vs. Commonwealth of Kentucky
AFFIRMING. Campbell Cir Ct.
Rona Alexander has appealed from the March 23, 2017, order of the Campbell Circuit Court granting the Commonwealth’s motion to dismiss an indictment against her without prejudice. She contends the trial court should have denied the motion and permitted the matter to proceed to trial. She further urges us to hold trial courts have the inherent power to grant expungement in cases such as hers. Following a careful review, we disagree with Alexander and affirm.
Selected cases that were not designated for publication in tort, insurance and civil law.
350. Qualified Immunity. Malicious prosecution. Defamation.
Hyche vs. Molett
Jefferson Cir Ct
These are consolidated appeals from summary judgment orders of the Jefferson Circuit Court. This Court heard oral arguments in this case on Tuesday, March 27, 2018, at the Bullitt County Courthouse in Shepherdsville, Kentucky. Darrell Hyche appeals from the trial court’s orders denying his motion to dismiss the claim against him based on qualified immunity and on the merits of a malicious prosecution claim. Richard Molett appeals from the trial court’s order granting summary judgment on his defamation claims against Hyche, Dale Hensley, and Shawna Ratcliff, and on his malicious prosecution claims against Hensley and Ratcliff. We find that Hyche was not entitled to qualified immunity on the malicious prosecution claim, and the trial court’s denial of his motion for summary judgment on the merits of that claim is not subject to review at this time. We further find that the trial court properly dismissed the defamation claims as untimely, and that Molett failed to establish that Hensley and Ratcliff were subject to liability for malicious prosecution claims. Hence, we affirm in Appeal Nos. 2016-CA-000089-MR and 2016-CA-001196-MR, and dismiss in Appeal No. 2016-CA-001247-MR.
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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 (published and not to be published). See explanatory note following PDF of the decisions below.
NOTE: 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.”)
