SELECTED PUBLISHED DECISIONS.

IN RE: KATHY MILLER AS NEXT FRIEND OF MINOR CHILD VS. HOUSE OF BOOM OF KENTUCKY LLC
Certification of law. Pre-injury liability waiver signed by a parent on behalf of a minor child participating in activities sponsored by a for-profit company was not enforceable under Kentucky law. IN RE: KATHY MILLER AS NEXT FRIEND OF MINOR CHILD VS. HOUSE OF BOOM OF KENTUCKY LLC

COM. OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES V. N.B.D.
Role of Kentucky family courts in addressing the federal special immigrant juvenile (“SIJ”) status prerequisites of 8 U.S.C. § 1101(a)(27)(J) in state dependency/neglect/abuse (“DNA”) proceedings. 

LUIS J. GONZALEZ II VS. JEREMY JOHNSON, SCOTT COUNTY DEPUTRY SHERIFF
Wrongful Death Suit. Fatal Police Chase. Liability. Overruling of “Per se no proximate cause” precedent dating back to Chambers v. Ideal Pure Milk Co., 245 S.W.2d 589 (Ky. 1952). Adopts majority rule allowing juries to determine whether a pursing officer’s actions were a substantial factor in causing injury to a third party and apportion fault accordingly.

LARA PAIGE CONLEY V. COM OF KENTUCKY
Ake v. Oklahoma. Based upon the extraordinary circumstances of this case, where it was evident from the outset that defendant’s sanity at the time of the offense had the potential to be a significant factor at trial, it was the trial court’s duty to assure defendant access to a competent mental health expert, conduct an appropriate examination and assist in evaluation, preparation and presentation of the defense and KCPC would not provide that assistance. LARA PAIGE CONLEY V. COM OF KENTUCKY

ANGELA MAGGARD MD VS. BRUCE KINNEY MD
No jurisdiction to consider Interlocutory Appeal from the denial of a judicial statements privilege in litigation between two physicians. 

A complete list of April 2019 Kentucky Supreme Court Minutes includes

  • all published and non-published decisions (with direct links to their full text),
  • attorney disciplinary matters (with links), and
  • grants of discretionary review (no links) from this month’s Minutes of the Supreme Court of Kentucky.In case these minutes are not popping up for some reason, here is a direct link to the monthly minutes for the Supreme Court at the AOC Website.  Click here.