Published and Unpublished Decisions from the Kentucky Court of Appeals:

November 16, 2012 Court of Appeals Minutes
Nos. 1071 – 1097;  27 decisions;   2 Cases To Be Published)

The Tort Report –
This special extract of cases is designed for the Kentucky accident and injury lawyers, to include car collision lawyers, personal injury attorneys, from Lexington to Louisville, Bowling Green to Covington, and Pikeville to Paducah!

The Court of Appeals is located in Frankfort, Kentucky and addressed the following torts, insurance and civil procedure matters:

1086. RIDDLE ET AL VS. DAVIS & DAVIS
COA, NPO, 11/16/2012
NEGLIGENCE
Affirmed defense verdict on plaintiffs’ claim for negligent repairs for hot water heater carbon monoxide gas leak at motel.

1092.  OHIO CAS. INS. CO. V CITY OF PROVIDENCE, KY
COA, NPO, 11/16/2012
APPEALS
Dismissed appeal as order of court was interlocutory on surety bond.

Links to copy of minutes and AOC page:

  • Click on  this link for the full text of these minutes with link to full text of each decision.
  • Click here for AOC page with current minutes and archived minutes links

Published Cases of Kentucky Court of Appeals 10/26/2012:
The “hot link” for each case is to the full-text of the decision.

1075.  CRIMINAL LAW
MCGORMAN (CHRISTOPHER J.), JR.
VS.
COMMONWEALTH OF KENTUCKY
OPINION REVERSING AND REMANDING
CLAYTON (PRESIDING JUDGE)
ACREE (CONCURS) AND KELLER (CONCURS IN RESULT ONLY)
2010-CA-001971-MR
TO BE PUBLISHED
MADISON

CLAYTON, JUDGE: This is an appeal from the denial of the Appellant, Christopher McGorman’s motion, brought pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42. Based upon the following, we reverse and remand for further proceedings consistent with this opinion.

1080. REVENUE AND TAXATION.
COMMONWEALTH OF KENTUCKY, ET AL.
VS.
COMMONWEALTH AGRI-ENERGY, LLC
OPINION AFFIRMING
VANMETER (PRESIDING JUDGE)
ACREE (CONCURS) AND MOORE (CONCURS)
2011-CA-000512-MR
TO BE PUBLISHED
FRANKLIN

VANMETER, JUDGE: Appellant, Commonwealth of Kentucky, Finance and Administration Cabinet, Department of Revenue (Revenue), appeals from an order affirming the decision by the Kentucky Board of Tax Appeals (Board) directing Revenue to consider as timely filed the application for a tax credit by Appellee, Commonwealth Agri-Energy, LLC (Agri-Energy). Revenue argues that: (1) Agri-Energy failed to satisfy the statutory requirements for the tax credit; (2) Revenue is not authorized to waive the filing deadline for the tax credit; and (3) the due process rights of Agri-Energy were not violated. We affirm.