The Supreme Court of Kentucky announced a whopping 43 decisions on june 19, 2014, with 29 to be published!). Time and space does not permit a detailed compendium, but all of the decisions, published and not to be published, can be found in the official “minutes” below organized by number, parties, county, and links to the full text of each (with the published decisions’ issue noted as “questions presented.”
Boyle County Court House, Danville, Kentucky
Photo by Louisville Attorney Michael Stevens 4/14/2013
What follows are selected published decisions of interest to Kentucky injury lawyers (since that is the area I am most familiar) for torts, insurance, civil procedure:
*employer’s responsibility for negligence and punitive damages under respondeat superior and a claim for negligent hiring (MV Transportation v. Allgeier)
* whether a parking facility is in employer’s operating premises (Hanik vs. Christoper & Banks, Inc.)
* did unincorporated association properly assert defense of lack of capacity and are plaintiffs adequately identified to maintain class action (United Brotherhood of Carpenters vs. Birchwood Conservancy)
Click here for links to all the archived Supreme Court of Kentucky minutes.
“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.
75. Tort Law. Punitive Damages. Respondeat Superior.
MG Transportation, Inc. v. Richard G. Allgeier, Ext’or of Estate of Barbara Allgeieir
SC, Published 6/19/2014. Affirming Jefferson Cir Ct.; Opinion by J. Venters
Questions Presented: Tort Law. Punitive Damages. Respondeat Superior. Issues include whether an employer’s admission of respondeat superior liability requires dismissal of other theories of secondary liability, like negligent hiring; whether a claim for negligent hiring can be based on evidence of an employee-tortfeasor’s past alcoholism, addiction, or mental health treatment when there is no evidence the accident was causally related to those factors; and whether an employer may be found to have ratified or authorized an employee’s conduct for purposes of KRS 411.184(3) based on post-incident investigation policies.
82. Civil Procedure. Unincorporated Associations. Affirmative defense. Class Action.
United Brotherhood of Carpenters vs. Birchwood Conservancy
SC Published 6/19/2014. Reversing Scott Cir. Ct.; J. Scott
Questions Presented: Contract Law. Civil Procedure. Unincorporated Associations. Issues include whether an unincorporated union properly asserted the defense of lack of capacity to be sued and whether the plaintiffs identified an adequate representative of the union to maintain a class action suit.
[gview file=”http://apps.courts.ky.gov/Supreme/Minutes/MNT062014.pdf”]
