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KENTUCKY
eLEGAL SUMMARIES
Short (very short)
summaries of cases and news
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- From AOC - www.KyCourts.net
Effective September 1
AOC has added a search engine to the Court's Opinions' web site,
http://www.kycourts.net.
You may search for "To Be Published Opinions" of
the Court in much the same manner that you use to execute a
search on Westlaw or Lexis. The opinions are put into the system
in the Clerk's Office in their original form and appear in a PDF
format, with no additions or deletions by publishers. To access
the opinions press the Supreme Court button at the left and
click on "searchable opinions."
September 26, 2002
"To Be Published" opinions of the Supreme
Court of Kentucky will be available upon
rendition on the Court's website. When finality is entered in
the case, our office will replace the rendered copy on the site
with a final copy of the opinion. Hopefully, this new
system will make our published opinions more readily accessible
to you and to the public. With this system in place, and working
well, we will no longer need to provide paper copies to
publishers and many of the parties on our
distribution list.
- Oct. 3, 2002
Best of St. James preview party. www.LouBar.org
- Oct. 10, 2002
Benjamin L. Hooks former executive director of NAACP will speak
at bar center. 2 hours CLE. Call Kelly Hass at 58305314
with LBA.
- November 1, 2002
Nominations for LBA Board due. Petitions need 10
signatures for President-Elect, VP, Treas., and Sec'y. Contact
LBA for more info.
- Nov. 5, 2002
General Election
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THIS, THAT AND THE OTHER STUFF
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- AOC www.KyCourts.net
- To be published opinions available on line Sept. 26
- Search engine for opinions up Sept. 1
- Searchable case information of Sup. Ct. cases re:
attorney, county, lawyers, etc. now on-line.
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KENTUCKY BAR INFO
-
LOUISVILLE BAR ASSOCIATION INFO
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INDEX TO LAW-RELATED STORIES FROM COURIER-JOURNAL
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KENTUCKY SUPREME COURT
Aug. 31- Sep 7, 2002
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KENTUCKY COURT OF APPEALS - PUBLISHED
Aug. 31 - Sept. 7, 2002
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KENTUCKY NONPUBLISHED OPINIONS
3 Ky.Npo. 13
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- Criminal Law, p. 5
You say "arraignment", I say
"raiment", let's call the whole thing off.
The wearing of prison inmate garb is not a defense at trial if you
were offered the opportunity to be suitably attired in
non-prison raiments.
- Constitutional Law, p. 5
Constitutional challenge to grandparent visitation
statute will not be entertained on appeal if appellant did
not file notice of the challenge upon the Attorney General
per KRS 418.075 and CR 24.03 which are mandatory.
- No Fault Insurance, p. 8
The PIP carrier cannot simply pick and choose those
medical expenses it wishes to pay in an effort to simply
close it's file on a catastrophically injured insured
prior to even filing a claim for PIP. Note that KRS
305.39-241 gives the insured the option of directing
payments among the differing elements of loss (eg., pay
wages and/or certain medicals).
- Torts, p. 11
Can't cry over spilled milk; nor can you sue over
spilled hydraulic fluid if no causation. Summary
judgment granted dismissing claim of estate for wrongful
death arising from 1992 car accident of spilled fuel on
the highway when suit filed in 1997. Use of experts
to show toxic nature of spill and to show it made the
stretch of highway dangerous after the clean up
efforts. No genuine issue of material fact.
- Premises Liability, p. 17
Summary judgment proper when apartment dweller who
fell on collapsed storm drain was unable to prove
constructive knowledge of the condition simply because the
leaves had accumulated on top of the grate. Landlord
is not the guarantor of the tenant's safety per Davis v.
Coleman Management Co. No probative evidence how long the
MSD grate was open also resulted in a dismissal of the
claims against the MSD.
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These extracts were printed with permission of the
Kentucky Appellate Non-Published Opinions. If you are interested in
the full text of all the opinions, sent to you bi-monthly, then call (502)
326--9794 or 1-(877)313-1944. $130.00
per year (Ky residents pay 6% sales tax - $137.80). Think of
it as a 'mailbox CLE.'
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