Harlan County Justice Center, Harlan, Kentucky. Photo from flickr by “OZinOH”, a retired librarian who now lives in Australia who takes reallly good photos with link to his profile and pics below. https://www.flickr.com/photos/75905404@N00/.
Pending tort, insurance, and civil procedure cases before SCOKY with dates discretionary review granted for each. These are simply extracts from the published list from the AOC which is current through October 2014.
Miami Management Company v. Bruner, 2012-SC-318-DG
MDR Granted 12/12/2012
Torts. Open and Obvious Doctrine. The issue in this case, arising out of a fall in a restaurant parking lot which had been plowed and salted after a winter storm, involves the applicability of Kentucky River Medical Center v. McIntosh, 319 S.W.3d 385 (Ky. 2010).
Oral argument-June 2013
Scott v. Davis, 2013-SC-228-DG and
(Cross-Motion) Davis v. Scott, 2013-SC-682-DG
MDR Granted 9/18/13 & cross motion granted 11/13/2013
Statute of Limitations. Law of the Case Doctrine. Issues include whether the statute of limitations is tolled when the underlying action was dismissed due to the improper assignment of a legal malpractice claim, so as to allow the plaintiff to re-file the action.
Oral argument-August 2014
Sargent v. Shaffer, 2013-SC-111-DG
MDR Granted 12/11/13
Evidence Law. Jury Instructions. Medical Malpractice. Informed Consent. KRS 304.40-320(2). Issue is whether a jury instruction on informed consent in a medical negligence action must contain the duty enumerated in KRS 304.40-320(2).
Oral argument-June 2014
Carter v. Bullitt Host, LLC, 2013-SC-325-DG
MDR Granted 2/12/14
Torts. Personal Injury. Open and Obvious Doctrine. Issues include whether application of the open and obvious doctrine allows for summary judgment in this case, arising out of a fall in an icy hotel parking lot.
Oral argument- October 2014
Sparkman v. CONSOL Energy, 2013-SC-119-DG
CONSOL Energy v. Sparkman, 2013-SC-831-DG
MDR Granted 3/12/14
Civil Procedure. Parties. Standing. Issues include whether the Court of Appeals properly vacated the trial court’s judgment in favor a business entity that was not a named plaintiff.
Kentucky Farm Bureau Mutual Ins. Co. v. Conley, 2013-SC-252-DG
MDR Granted 3/12/14
Civil Procedure. Appeals. CR 59.05. CR 7.02. The issue is whether a timely CR 59.05 motion which does not state grounds is invalid due to the particularity requirements of CR 7.02 and, if so, whether filing of the CR 59.05 motion tolls the time to file an appeal.
Oral argument-September 2014
Beaumont v. Zeru, 2013-SC-489-DG
MDR Granted 4/19/2014
Motor Vehicle Insurance. Statute of Limitations. KRS 304.39-230(6). Issues involve the date of the last basic reparation payment when the last check as reported by the basic reparations obligor to the plaintiff actually was a replacement check for one previously lost by a different payee.
Oral argument-October 2014
Wright v. Carroll, 2013-SC-528-DG
DISCRETIONARY REVIEW GRANTED WITHOUT ORAL ARGUMENT 4/9/14
Torts. Motor Vehicle Accident. Issues include whether, on retrial, plaintiff was entitled to a directed verdict as to defendant trucker’s liability for injuries resulting from the trailer portion of the tractor-trailer striking plaintiff’s vehicle in the proper lane of travel on a two-lane highway.
Decision Dated Oct. 2014 – Click here
Wright v. Ecolab, Inc., 2013-SC-653-DG
MDR GRANTED 6/11/2014
Appellate Procedure. Issues involve whether a premature notice of appeal from an interlocutory decision not containing the necessary CR 54.02 recitations of finality can be salvaged by the “relation forward” rule or entry of a nunc pro tunc order adding the CR 54.02 recitations.
Oral argument-February 2015
Cadle v. Cornett, 2013-SC-538-DG
MDR Granted 6/11/2014
Torts. Negligence. Causation. Superseding Cause. Issues include whether Kentucky’s acceptance of the law of comparative fault has changed the effect of the doctrine of superseding cause, and if so, to what extent.
Oral argument-February 2015
Patton v. Bickford, 2013-SC-560-DG
MDR Granted 6/11/2014
Torts. Negligence. Causation. Qualified Immunity. Issues include whether summary judgment was properly granted based on qualified immunity of school officials and whether suicide is a superseding cause which extinguishes tort liability.
Oral argument-March 2015
State Farm v. Riggs, 2013-SC-555-DG
MDR GRANTED 6/11/2014
Contract. Automobile Insurance. Underinsured Motorist Coverage. Issues include whether an automobile insurance policy provision requiring underinsured motorist claims to be brought within the same time period as tort claims under the Motor Vehicle Reparations Act—two years from the date of the accident or last basic reparations payment, whichever is later—is valid and enforceable.
Oral argument- February 2015
Overstreet v. Kindred Nursing Centers Limited Partnership,
2013-SC-620-DG
MDR GRANTED 6/11/2014
Limitation of Actions. KRS 216.515. Issues include whether KRS 216.515 created a new cause of action or whether the cause of action was one for personal injury, and whether the statute of limitations for personal injury or for a newly established statutory action applies.
Oral argument-March 2015
Nissan Motor Company v. Maddox, 2013-SC-685-DG
MDR Granted 6/11/2014
Torts. Products Liability. Design Defect. Punitive Damages. Issues include whether the plaintiff presented sufficient evidence to warrant a punitive damages instruction where the defendant car manufacturer complied with federal safety standards.
Saint Joseph Healthcare, Inc. v. Thomas, 2014-SC-8-DG
MDR Granted 9/10/2014
Punitive Damages. KRS 411.184. Issues include whether or not physicians whom the hospital alleges are independent contractors are considered as employees of the hospital for the purpose of assessing punitive damages under the provisions of the federal Emergency Medical Treatment and Active Labor Act (EMTALA), whether an award of punitive damages was so excessive as to constitute a denial of federal Constitutional due process, and the interplay between the EMTALA and KRS 411.184.
