A complete list of the minutes for all published and non-published decisions are further down the page, but we highlight selected published decisions (with direct links to their full text), attorney disciplinary matters (with links), and grants of discretionary review (no links) from the November 2017 Minutes of the Supreme Court of Kentucky.
Selected Published Decisions
41. Qualified Immunity. Summary Judgment. Negligence. Slip and Fall.
Kamryn Baker v. Lynn Fields and Bo Rains
Reversing and Remanding. Laurel.
Questions Presented: Qualified Immunity. Summary Judgment. Negligence. Slip and Fall. Court of Appeals’ analysis usurped the role of the jury, in deciding the issue of negligence on this interlocutory appeal, when the trial court denied a motion for summary judgment and determined that qualified immunity did not apply to these circumstances, but had not yet addressed the issue of negligence of school employees.
MINTON, CJ.
In Breathitt County Bd. ofEduc. ·v. Prater, this court announced a new rule of law allowing an interlocutory appeal of a trial court’s ruling on an immunity defense. 1 We granted discretionary review of this case to determine if.the Court of Appeals exceeded the scope of appellate review in this interlocutory appeal when it not only agreed with the trial court that the defendants were not entitled to qualified immunity but went further and conclusively determined .that these defendants were not negligent as a matter of law. We hold that the scope of appellate review of an interiocutory appeal of the trial court’s determination of qualified official immunity is limited to the specific ·issue of whether immunity was properly denied. So we must reverse the Court of Appeals and remand this case to the trial court for further proceedings consistent with this opinion.
Attorney Discipline. Mar. 22, 2018.
- KBA v. Philip Martin Kleinsmith
Order of permanent disbarment. - Melanie A. F. Horton v. KBA
Order of permanent disbarment. - Inquiry Commission v David B. Gray
Order of temporary suspension.
Court Orders Granting Motion for Discretionary Review. Mar. 14, 2018.
- Louisville and Jefferson County MSD v. T+C Contracting, Inc.
2017-SC-000274-DG JEFFERSON - Barbara Smith v. Bonnie Smith
2017-SC-000348-DG KNOX - Commonwealth of Kentucky v. Alger Fergson
2017-SC-000596-DG FAYETTE - Lee Comley vl Auto-Owners Insurance Co.
2017-SC-000651-DG LAWRENCE - Steve Gregory v. Brandon Hargrove et al
2017-SC-000699-DG PULASKI
Here is a link to the indexed minutes for the Supreme Court of Kentucky at their official web site.
Here is link to the Kentucky Court Report’s archived minutes for the Supreme Court.
This month’s minutes of the published and not to be published decisions, disciplinary matters, discretionary reviews granted and denied, petitions for hearing requested and denied, and more are as follows. Use the scroll arrows at the bottom left of the PDF document to scroll through the pages.