The Kentucky Court of Appeals announced 17 decisions on Sept. 26, 2014, with two opinions designated to be published – ROXANNE SMITH VS. TERESA GRUBB (premises liability, open and obvious addressed on remand); RAYCHELL STILGENBAUER VS. COM. OF KENTUCKY (pretrial diversion revocation and drug court condition).
Here is the sign marking Constitution Square Historic Site in Danville, Kentucky. My next few photos are going to be of scenes at or near this historic site.
The two published decisions are:
864. Premises Liability, Slip and Fall, “Open and Obvious”; Post-Shelton & Post-McIntosh
ROXANNE SMITH VS. TERESA GRUBB
COA, Published 9/26/2014 – Reversing and Remanding decision from Clay County
PJ Thompson
THOMPSON, JUDGE: The matter before us is on remand from the Kentucky Supreme Court. Our Supreme Court vacated this Court’s to be published opinion rendered on June 15, 2012, and directed we consider the issue relating to the open and obvious doctrine in light of its decisions in Dick’s Sporting Goods, Inc. v. Webb, 413 S.W.3d 891 (Ky. 2013), and Shelton v. Kentucky Easter Seals Soc., Inc., 413 S.W.3d 901 (Ky. 2013). Because our prior opinion was vacated and the parties present issues other than that pertaining to the open and obvious doctrine, it is necessary to address those issues in this opinion.
We hold Smith did not have sufficient control and supervision of the Speedway premises to be individually liable and, therefore, the action against her must be dismissed. Likewise, the claim against Speedway must be dismissed because the condition of the parking lot was open and obvious and was not a condition that created an unreasonable risk of harm.
Based on the foregoing, we reverse the findings of fact, conclusions of law, and judgment of the Clay Circuit Court and remand for proceedings consistent with this opinion.
866. Criminal Law, Diversion Revocation
RAYCHELL STILGENBAUER VS. COM. OF KENTUCKY
COA, Published 9/26/2014 Dismissing. Opinion by PJ Vanmeter
VANMETER, JUDGE: Raychel Stilgenbauer appeals from the Boyd Circuit Court’s order revoking her diversion, adjudicating her guilty of first-degree possession of a controlled substance, and imposing a five-year sentence of imprisonment. For the following reasons, we affirm.
Upon review of the record and applicable law, we are unable to say that the trial court exceeded its authority by modifying the diversion agreement to include completion of drug court as a condition. Moreover, the trial court did not abuse its discretion by revoking Stilgenbauer’s diversion for failure to complete drug court as ordered.
“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 (continue reading).
867. This decision is noted to show how disputes arise over care of relatives and property dispositions
MARY EITEL VS. GUARDIACARE SERVICES, INC.
COA, NPO (non published opinion) by PJ Nickell Affirming Lower Court out of Jefferson County (Judge Chauvin)
On January 24, 2011, Eitel filed the instant suit in Jefferson Circuit Court against Guardiacare alleging multiple claims for damages related to allegedly improper and substandard care of Mother, as well as mismanagement of Mother’s financial affairs. The suit also alleged Guardiacare “broke into the home belonging to Mary Eitel, (who[sic] they were never in charge of), and removed and liquidated her property. . . . Guardiacare and Billy Collins Auctions kept all the money from the sale for their own benefit.” Eitel sought compensatory and punitive damages as well as a trial by jury.
870. Torts, No Duty Owed by Festival/Church to Pedestrians Leaving Festival and Hit along the highway
KYLE CHANCE VS. MARY QUEEN OF HEAVEN PARTIES
COA, NPO BY Judge Maze Affirming Trial Judge’s Dismissal in Boone County
As a threshold matter, in order for this Court to find that MQH and the Diocese owed a duty to the Chances under premises liability law, the injuries in question must have occurred on their property. As noted, the trial court found that the pedestrian/vehicle accident occurred off MQH’s premises. Consequently, under a premises liability analysis, neither MQH nor the Diocese had any control over Kyle and Brooke Chance’s decision to park and walk on or adjacent to Donaldson Highway, a public thoroughfare outside its premises.
873 Reimbursable court costs to prevailing party does not in cost of copies of deposition transcripts; nor does it include costs of “expedited transcripts” as an extraordinary service that can be ordered by the court
THE HELM COMPANY LLC VS. HUMANA INSURANCE COMPANY OF KENTUCKY
COA NPO. Opinion by Judge Moore Affirming Jefferson Cir Ct decision
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