Cumberland Falls “Moonbow’. photo by Michael Stevens, 10/30/2015. ISO was 400 and time of exposure was 7 seconds using tripod. Lesson learned was to buy a remote to remove the shaking (which was how I took the nighttime photos of Louisville). Since this on Halloween Week, I have called this a MoonBOO.
Published Court of Appeals appellate cases for this week –
November 13, 2015: Links are to full text of PDF decision with AOC.
894. Estates. Conversion and SOL. Inter vivos gifts.
Kenneth Watts vs. Sonya Henry
COA Published Opinion Affirming. Jessamine County
THOMPSON, JUDGE: Kenneth Watts appeals from a final judgment following a jury trial on conversion and the denial of his motion for a judgment notwithstanding the verdict.
Watts appeals on the following issues: (1) the Estate’s1 claim was barred by the statute of limitations; (2) the Estate failed to prove an essential element of conversion; (3) the jury instructions were fatally flawed; (4) the amount of the damage award was inconsistent with the evidence of conversion from Agnes Alene Lowry; (5) the trial court erred by wrongfully admitting hearsay evidence; (6) the trial court erred by wrongfully admitting opinion evidence; and (7) punitive damage instructions were flawed and the award of punitive damages was not supported by the evidence.
898. Reimbursement for payment of liens and encumbrances in sale of jointly owned property.
Daniel Paisley vs. Anne Talley
COA Opinion Reversing and Remanding. Fayette.
STUMBO, JUDGE: Daniel J. Paisley appeals from a Fayette Circuit Court order which directed the net proceeds from the sale of a residence he owned as a joint tenant with right of survivorship with Anne M. Talley to be divided equally between them. Because under Kentucky law Daniel is entitled to proportionate reimbursement for the payment of liens and other encumbrances on the property, we reverse and remand.
899. Inmates and property.
Cole vs. Warren County, Kentucky
COA published opinion Affirming in part and reversing in part. Warren.
VANMETER, JUDGE: Under KRS1 441.265, county jails are permitted to confiscate cash and checks belonging to prisoners at booking, deposit and retain those proceeds, and automatically deduct required fees without an order of a sentencing court. We must decide primarily whether the Warren Circuit Court correctly upheld the legality of this procedure. We hold that the trial court correctly found in favor of the jail, but erred in its determination that the bank accepting the deposited checks may be liable for accepting those checks without the consent of the prisoner payees.
905. Criminal Law.
Chris Embry vs. Commonwealth of Kentucky
COA published opinion affirming. Grayson.
NICKELL, JUDGE: Chris Embry appeals from an order entered by the Grayson Circuit Court denying a motion to vacate his conviction of three felony sex crimes against a minor. He claims counsel did not tell him his guilty plea would result in mandatory lifetime registration as a sex offender, even though the trial court twice advised him of that fact. We affirm.
908. Workers Compensation.
Donna Thomas, Adm of Est. of Eddie Ray Thomas, Jr. vs. Eddie’s Service Center
COA published opinion reversing and remanding. Workers Compensation.
JONES, JUDGE: This is a workers’ compensation case involving death benefits. The decedent, Eddie Ray Thomas, Jr., (“Eddie”), suffered a cardiac event and died while he was attempting to extricate a vehicle during the course of his employment. The Administrative Law Judge (“ALJ”) denied the Estate’s claim1 for benefits based on his finding that the cardiac event was not caused by Eddie’s employment. The Workers’ Compensation Board (“the Board”) affirmed. On appeal before us, the Estate argues that the Board erred when it affirmed the ALJ because the ALJ did not apply the correct burden, misstated the law as it relates to preexisting, active heart conditions, and rendered a decision which is not supported by substantial evidence. For the reasons set forth below, we reverse and remand.
Court of Appeal’s “not to be published” decisions on Trials, torts, insurance and civil procedure from November 6, 2015, in addition to the published decision above.
900. Estate. Claim for attorney fees against decedent.
Charles Streich, Jr. vs. Carolyn J. Ball
COA Non published opinion affirming. Jefferson.
CLAYTON, JUDGE: This is an appeal from a decision of the Jefferson Circuit Court dismissing the Appellant, Charles R. Streich’s, action for attorney fees against a decedent. Based upon the following, we affirm the decision of the trial court.
Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.
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.
The complete set of this week’s minutes listing all decisions (published and not to be published) with links to the full text of each at the AOC, are below following short summaries of this week’s published cases and extracts of tort, insurance and procedure cases.
[gview file=”https://kycourtreport.com/wp-content/uploads/2015/11/MNT11132015.pdf”]
