Dec.18, 2009 COA Decisions Dealing with Torts and Insurance

Names, intro, and links to full text:

PUBLISHED:

NONE

NOT TO BE PUBLISHED:

1276
SETTLEMENTS AND RELEASES
LARRY WHITTLE    v.   WARD CORRELL   
OPINION AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
** ** ** ** ** BEFORE: NICKELL AND STUMBO, JUDGES; HENRY,1 SENIOR JUDGE.
HENRY, SENIOR JUDGE: Appellants Larry Whittle and Pulaski County Re- Builders Auto Sales, Inc. appeal from two separate orders of the Pulaski Circuit Court. The first order dismissed Whittle’s assault claim against Appellee Ward Correll on the grounds that the claim was time-barred, and the second granted summary judgment in favor of Correll as to all of Appellants’ remaining tort and statutory claims on the grounds that those claims were the subject of a prior release agreement entered into by the parties. Upon review, we reverse as to the trial court’s order dismissing Whittle’s assault claim and affirm as to the trial court’s order granting summary judgment to Correll as to all of Appellants’ other claims.

1278 NO CAUSE OF ACTION, RES JUDICATA, COLLATERAL ESTOPPEL
MICHAEL B. WHITTON     v.   SCOTT WEIS
OPINION AFFIRMING
** ** ** ** ** BEFORE: LAMBERT, MOORE, AND VANMETER, JUDGES.
MOORE, JUDGE: Michael B. Whitton1 appeals the Jefferson Circuit Court’s
orders2 granting summary judgment in this civil action involving allegations of fraud, perjury, forgery, and unjust enrichment. After a careful review of the record, we affirm because there is no civil cause of action for perjury committed by a witness or a party and the remainder of Whitton’s claims are barred by the doctrines of res judicata and collateral estoppel.

1282 – LOANS, NEGLIGENT MISREPRESENTATION
GAIL LAMB v.    BRANCH BANKING & TRUST COMPANY
OPINION AFFIRMING
** ** ** ** ** BEFORE: MOORE AND NICKELL, JUDGES; HARRIS, SENIOR JUDGE.
MOORE, JUDGE: Gail Lamb, Corey C. King, Kelli B. King, Dorman A. Holland and Stacey Holland (collectively “Appellants”) appeal from the Daviess Circuit Court’s orders dismissing their claims of negligent misrepresentation against their respective lenders, Sacramento Deposit Bank, U.S. Bank, N.A., and Branch Banking and Trust Company (collectively “Appellees”).1    After a careful review of the record, we affirm because Appellants should have had notice, or, at the very least, had constructive notice of the defects in the title to their land before they sought loans from the Appellee banks.

1284 – WATERCRAFT ACCIDENT, TORT, DUTIES
KENDRA KELLEY v.  JOHN S. POORE
OPINION AFFIRMING
** ** ** ** **
BEFORE: COMBS, CHIEF JUDGE; MOORE, JUDGE; LAMBERT,1 SENIOR JUDGE.
COMBS, CHIEF JUDGE: Kendra Kelley appeals from a jury verdict and judgment dismissing her personal injury claim against John S. Poore. The action was filed following a collision between a personal watercraft (PWC) operated by Kelley and Poore’s fishing boat. Kelley argues that the trial court erred by refusing to direct a verdict and alleges as error three grounds: (1) Poore’s failure to keep a proper lookout; (2) the court’s failure to instruct the jury on the federal rules of the waterway; and (3) the court’s admission of evidence tending to suggest that Kelley lacked experience operating the PWC while Poore was an avid boater. As we disagree with each contention, we affirm the judgment.