Second courthouse for Lawrence County. Located in Louisa. Built sometime in the 1870’s through the efforts of Judge J.J. Jordan to replace the old wooden structure built in 1823. Two-story Italianate style with an addition built later in 1922. Thanks to Courthousehistory.com for the use of this image.
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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.
May 6, 2016 Published Court of Appeals Decisions
Links are to full text of PDF published cases for this week.
380. Torts. Defenses. Qualified Official Immunity for principals on claim of unsupervised hallway at school
James Beward vs. Cody Whitaker
Court of Appeals Published Opinion REVERSING AND REMANDING – Bullitt
COA reversed and remanded circuit court’s interlocutory order and granting qualified official immunity to two former high school principals in claims student was injured in unsupervised hallway prior to to start of school day.
381. Insurance. Automobile. Exclusion for felony. Alford Plea.
Jacob Eberle, Minor vs. Nationwide Mutual Insurance Company
Court of Appeals Published Opinion AFFIRMING – Jefferson
COA affirmed trial court order which determined Nationwide was not obligated to provide coverage for injuries that minor sustained when policyholder shot him because the injuries were expressly excluded felony and Alford plea qualified.
384. Criminal Law. Juvenile transfer to circuit court.
Marico Perkins vs. Commonwealth of Kentucky
Court of Appeals Published Opinion AFFIRMING – Fayette
COA affirmed transfer of juvenile case to circuit court for prosecution.
393. Torts. Tortious interference with business. Abuse of process.
J. Fox Demoisey vs. Peter Ostermiller
Court of Appeals Published Opinion AFFIRMING IN PART, REVERSING IN PART, AND REMANDING – Jefferson
DeMoisey has appealed asserting that the circuit court erred in entering summary judgment on the tortious interference claims. Ostermiller filed a cross-appeal asserting that the circuit court should have dismissed the abuse of process claim with prejudice because it is time-barred. Upon careful review of the record and applicable legal authority, we AFFIRM in part as related to the tortious interference claims, REVERSE in part as related to the abuse of process claim, and REMAND to the circuit court with instructions to dismiss the abuse of process claim with prejudice.
Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:
382. Insurance. UIM (contractual SOL applied to third party under policy).
John L. Brown vs. Mitsui Sumitomo Ins. Co.
COA Not to Be Published Opinion AFFIRMING – Jefferson affirming partial summary judgement and judgment on pleadings and finality language used
394. Torts. Bankruptcy. Judicial estoppel. Untimely notice of appeal.
Wanda Wright-Starnes vs. Continental Realty Advisors, LTD
COA Not to Be Published Opinion AFFIRMING – Jefferson
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