Immediately below are the AOC blurbs of each case granted discretionary review on June 5, 2019 followed by the complete list of decisions accepted and pending discretionary review in the PDF document below provided by the Administrative Office of the Courts.

DISCRETIONARY REVIEW GRANTED 6/5/2019

Thomas v. University Medical Center, 2018-SC-454-DG
Evidence. KRE 407. Subsequent Remedial Measures. Issues include whether a hospital’s post-incident investigative report and recommendations are subsequent remedial measures excluded from evidence under KRE 407.

Abbott, Inc. v. Guirguis, et al., 2018-SC-577-DG
Real Property. Champerty. Judicial Recusal. Issues involve a circuit court’s refusal to recuse from consideration of a dispute regarding ownership of an elevated strip of land last used as a railway line in 2001 and near which the judge prior to this litigation (and before he was a judge) was involved in an alleged trespass for purposes of hunting on land owned by one of the parties.

Kenton County Board of Adjustment, et al. v. Meitzen, et al., 2018-SC-677- DG
Zoning. KRS 100.347(1). Issues involve a jurisdictional dispute arising from failure to assert “injured or aggrieved” status in an attempted appeal from final action of a board of adjustment to circuit court. Barnett v. Central Kentucky Hauling, LLC, 2019-SC-64-DG Kentucky Civil Rights Act. The issue is whether the KCRA provides a claim for relief for individuals due to their association with a person with disabilities.

DISCRETIONARY REVIEW GRANTED 3/6/2019 and CROSS-MOTION GRANTED 6/5/2019

A.H. v. Louisville Metro Government, 2018-SC-359-DG and (Cross Motion) Louisville Metro Government v. A.H., 2019-SC-158-DG
Jails. Statutory Duties. Consolidated Government. Immunity. Issues include whether the estate of a deceased inmate can recover from Metro Government or the director of Metro Corrections for violation of KRS
71.040, which requires jailers to treat inmates humanely.

DISCRETIONARY REVIEW GRANTED WITHOUT ORAL ARGUMENT 3/6/2019 and CROSS-MOTION GRANTED WITHOUT ORAL ARGUMENT
6/5/2019

Hauber v. Hauber, 2018-SC-394-DG and (Cross Motion) Hauber v. Hauber, 2019-SC-154-DG
Trusts. Jurisdiction. KRS 386B.2-030. Issues include the proper interpretation of the exclusive jurisdiction provision in Kentucky’s Uniform Trust Code. If one of the parties to a trust files a lawsuit in district court and litigates it to completion, must a new case related to the same trust proceed in district court or can it proceed in circuit court? DISCRETIONARY REVIEW GRANTED 4/11/2019 and CROSS-MOTION GRANTED 6/5/2019

Commonwealth ex rel. Tilley v. Stars Interactive Holdings (IOM) Ltd., et al., 2019-SC-58-DG and (Cross Motion) Stars Interactive Holdings (IOM) Ltd., et al. v. Commonwealth ex rel. Tilley, 2019-SC-209-DG
KRS 372.040. Loss Recovery Act. Standing. On the motion for discretionary review the issue is whether the Commonwealth is “any other person” who has standing to bring claims under the Loss Recovery Act. A second issue is whether the complaint sufficiently stated a cause of action against the Respondents. On the cross-motion, the issues are whether the internet gambling sites are “winners” under the Loss Recovery Act from which recovery may be obtained, whether the trial court accurately calculated the damages, and whether treble damages were warranted by the circumstances in this matter.

LP Louisville East, LLC v. Patton, Administrator, 2019-SC-16-DG and (Cross Motion) Patton, Administrator v. LP Louisville East, LLC, 2019-SC- 211-DG
Power of Attorney. Arbitration. Wrongful Death. On the motion for discretionary review, the issue is whether an attorney-in-fact may sign an arbitration agreement, which by its terms purported to bind wrongful death beneficiaries. On the cross-motion, the issue is whether the arbitration agreement signed by the attorney-in-fact both as a personal representative and individually, is enforceable, absent consideration, so as to require him to submit his personal wrongful death claim to arbitration, and whether that arbitration must take place prior to any further proceedings in the circuit court.