Breathitt County Historical Marker
The Kentucky Court of Appeals announced 17 decisions on November 14, 2014, with two Court of Appeals opinions designated to be published.
The published opinions were Lambe vs. Weber (Jefferson county family law decision dealing with multiple issues – maintenance; child support; attorney fees; with appeal and cross-appeal); Merrick vs. Brown-Forman Corp. (reversed and remanded Judge McDonald-Burkman’s ruling dismissing claims against Brown-Forman and Heaven Hill Distilleries air quality and nuisance in “whiskey fungus” suit; COA could not discern from the Clean Air Act a clear and manifest intent in the federal statute to preempt state tort law.)
“Continue reading” for the Tort Report and a complete copy of this week’s minutes of ALL decisions with links to their full text.
The Tort Report – Selected decisions this week on tort, insurance and civil law (ONE for this week)
984. Insurance coverage; escape clauses
Phelps vs. American Reliable Ins. Co.
COA, Not Published (NPO) 11/14/2014
Pulaski County; Affirming
987. Premises Liability. Affirmed dismissal on “open and obvious” defense
Calhoun vs. Fruit of the Loom
COA, NPO 11/14/2014
Russell County; Affirming
Another COA parsing of McIntosh & Shelton.
994. Attorney arbitration fee panel.
Adams vs. Hicks
COA, NPO 11/14/2014
Christian County; Affirming
THOMPSON, JUDGE: James Eli Adams appeals confirming an award granted by the Kentucky Bar Association (KBA) Arbitration Panel in favor of attorney, Daniel C. Hicks. He contends: (1) the Christian Circuit Court lacked subject matter jurisdiction to confirm or vacate the arbitration award because the arbitration agreement did not explicitly specify Kentucky as the choice of forum for arbitration; (2) the standard fee dispute arbitration agreement provided by the KBA is unconscionable; and (3) the trial court erroneously permitted Hicks to attach an attorney’s lien to inheritance proceeds from Adams’s father’s estate. Prior to filing his brief, Hicks filed a motion to dismiss for failure to comply with Kentucky Rules of Civil Procedure (CR) 76.03. We deny the motion to dismiss, but affirm the Christian Circuit Court’s order confirming the KBA Arbitration Panel’s order.
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