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AUTOMOBILES
Ellis v. Browning Pontiac
2000-CA-002772-MR
Ky.App.,
2002.
February
15, 2002.
Auto dealer who
choose to file certificate of title,
must do so promptly.
A delay of thirty-nine days after the necessary documents were
executed at time of sale is not prompt.
Auto dealer was the owner of the vehicle on the date of the
accident. (Note - Court did not address liability of dealer for
selling vehicle to buyer who had only had a permit; and net effect
of ownership is that dealer’s garage policy is applicable).
CONTRACTS
Inn Group Management Services, Inc. v. Greer
1999-CA-002781-MR
Ky.App.,
2002.
January
25, 2002.
Hotel management company brought
action to collect management agreement cancellation fee and
contractual attorney fees and costs against third parties for whom
it agreed to provide management services. The Court of Appeals held
(1) substantial evidence supported jury verdict awarding hotel
management company less than the full amount of the cancellation
fee, and (2) reasonableness of attorney fees and costs was a
question of law for the court, rather than a question of fact for
the jury.
CRIMINAL LAW
Commonwealth v. Bryant
2001-CA-000264-MR
Ky.App.,
2002.
January
25, 2002.
Appeal of dismissal of an
indictment for possession of chemicals or equipment with the intent
to manufacture methamphetamine on grounds that KRS 218A.1432(1)(b)
is unconstitutionally vague and overbroad. Court helt it is neither
unconstitutionally vague nor overbroad and, thus, reverse and
remand.
Eldridge v. Commonwealth
2000-CA-002379-DG
Ky.App.,
2002.
February
8, 2002
BAT results should not be
suppressed. Court
rejected defendant’s argument that
the breath alcohol test results should be suppressed (1)
because the police officer administering the test failed to observe
him for the required twenty-minute period prior to administering the
test, and (2) because a new observation period was not conducted
after he removed his dentures during the initial observation period
because the trial court's finding that the police officer observed
Eldridge for the required time is supported by substantial evidence,
and because a new observation period was not required after Eldridge
removed his dentures.
Estep v. Commonwealth
1999-SC-0814-DG
Ky.,
2002.
January
17, 2002.
Following reversal of initial
conviction, defendant was again convicted of reckless homicide at
second jury trial. Defendant
appealed to the the Supreme Court which held that: (1) Commonwealth
was not entitled to "missing evidence" instruction
concerning repossession of defendant's vehicle that precluded
further examination for evidence that victim may have fired at
defendant; (2) improper "missing evidence" instruction
permitting inference in favor of Commonwealth was not harmless; and
(3) failure to inform jury that burden was on Commonwealth to prove
beyond a reasonable doubt that defendant, when he shot victim, was
not privileged to act in self-protection was prejudicial error.
Reversed Court of Appeals and remanded for new trial.
DISCIPLINARY
Kentucky Bar Association v. Carrithers
64
S.W.3d 290
Ky.,
2002.
January
17, 2002.
Attorney's failure to pursue claims
for medical malpractice and collection on behalf of client warranted
a 30-day suspension from practice of law, not just a public
reprimand, in light of fact that conduct caused statute of
limitations to run on the potential malpractice claim.
Kentucky Bar Association v. Chinn
64
S.W.3d 289
Ky.,
2002.
January
17, 2002
Attorney's failure to diligently
pursue client's bankruptcy case, failure to communicate with client,
and failure to return client's file and unused portion of advanced
fee warranted 30-day suspension.
Kentucky Bar Association v. Evans
2001-SC-0942-KB
Ky.,
2002.
January
17, 2002.
Attorney showed sufficient cause
for his non-compliance with Continuing Legal Education (CLE)
requirement for ethics credits.
Kentucky Bar Association v. Greene
63 S.W.3d 182
Ky.,
2002.
January
17, 2002.
Requirements that attorney satisfy
outstanding judgment of former client against attorney in
malpractice action, that attorney reimburse former client for court
costs incurred, and that
attorney pay costs for disciplinary proceedings warranted 90-day
suspension for attorney
misconduct.
Kentucky Bar Association v. Hartlage
2001-SC-0429-KB, January 17, 2002.
Attorney's failure to notify
clients that their actions for medical malpractice were dismissed
for failure to prosecute warranted one-year suspension.
Yopp v. Kentucky Bar Association
64
S.W.3d 287
Ky.,
2002.
January
17, 2002.
Attorney's conduct in failing to
file client's collection action and in failing to communicate
adequately with client warranted 30-day suspension, consecutive with
30-day sentence provided for in earlier disciplinary proceeding.
DOMESTIC RELATIONS
Barnett v. Wiley
2000-CA-002034-MR
Ky.App.,
2002.
February
1, 2002.
Petitioner who had five-year
relationship with respondent was a member of an unmarried couple and
had standing to seek a domestic violence order against
respondent
Kelley v. Fedde,.
2000-SC-0451-DG
Ky.,
2002
January 17, 2002.
Custodial parent's failure to object to circuit court's
ruling without hearing did not waive right to hearing on her
objections to Domestic Relations Commission's report recommending
joint custody. Since
transcripts had not been filed prior to circuit court's ruling,
parent had no reason to believe that decision was about to be
rendered without complete record as requested by both parties.
Sherfey v. Sherfey
2001-CA-000519-MR
Ky.App.,
2002.
January
18, 2002.
Substantial evidence supported
trial court's decision awarding custody of child to paternal
grandparents. Child’s
one month absence at camp planned secretly by parent did not
disqualify grand-parents from ‘de facto’ custodian status and
the non-consensual transportation by father was domestic violence
rather than abandonment.
Terwilliger
v. Terwilliger
No. 1999-SC-1064-DG, January 17, 2002 As Modified February 11, 2002.
Held (1) husband's knowing undervaluation of marital assets
was a fraud affecting the proceedings that justified reopening the
property settlement, and (2) husband's failure to trace assets to a
separate property source rendered the assets as marital property.
INSURANCE
Baker v. Kentucky Farm Bureau Mut. Ins. Co.
2001-CA-000942-MR, February 22, 2002.
Driver not entitled to UIM
(underinsured motorist coverage) for personal injuries from accident
without physical contact with unknown driver.
Court rejected argument that the trial court should presume
the existence of minimum tort liability limits for the unknown
driver and unidentified vehicle causing her accident and allow her
to recover damages to the extent they may exceed those presumed
minimum liability limits. (Please note that if there had been
contact, then UM (uninsured motorist) coverage would have applied if
available under the policy).
NEGLIGENCE
Barnette v. Hospital of Louisa, Inc.
No. 2000-CA-002290-MR., January 4, 2002
Employee brought tort action against employer for injuries
sustained from a fall at work. The Circuit Court granted summary
judgment in favor of employer. Employee appealed. The Court of
Appeals held employee's act of picking up her paycheck was a
work-related activity that was covered under the Workers'
Compensation Act.
OPEN
RECORDS
Meriwether v. Lexington Fayette Urban County Government
No. 2000-CA-002050-MR.
January 4, 2002.
Former county government employee brought action against
county government to access various records pursuant to Open Records
Act after county asserted that certain documents were privileged
and, thus, were not subject to disclosure. The Fayette Circuit Court
denied most of employee's request. Employee appealed. The Court of
Appeals held (1) withheld records were privileged and, thus, were
not subject to Open Records Act request; (2) county and its attorney
did not waive privileges by having attorney interview employee in
the absence of counsel; (3) attorney who worked in an investigatory
capacity was entitled to assert attorney privileges; (4) privilege
extended to investigatory materials in attorney's file; (5)
custodian of records acted in compliance with Open Records Act; and
(6) employee was not entitled to award of attorney fees and costs.
TAX
Woodward, Hobson & Fulton, L.L.P. v. Revenue Cabinet
No. 2000-CA-002784-MR, February 22, 2002.
Law firm is not required to pay use
tax upon charges for photocopies of medical and hospital records
acquired from out- of-state providers in connection with litigation.
WORKERS COMPENSATION
Scott v. Fruit of the Loom
2001-CA-000999-WC, February 22, 2002
ALJ should have considered
claimant’s prior
active occupational disability attributable to work-related (neck
injuries), but time-barred, injuries.
Whittaker v. Sherrill
2001-CA-001249-WC
Ky.App.,
2002.
February
15, 2002
The 425-week benefit period began
on the date of the original settlement agreement
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