| |
|
|
KENTUCKY
eLEGAL SUMMARIES
Return
to LawWire Index
|
|
|
|
KENTUCKY SUPREME COURT
Oct. 12, 2002 - none
|
|
|
|
Return
to Top
|
KENTUCKY COURT OF APPEALS - PUBLISHED
Oct. 12, 2002 - two
|
- CRIMINAL LAW
- COMMONWEALTH V.
YELDER
Ky.App., Oct. 11, 2002.
Once an indictment is issued, the district court no longer
has jurisdiction to dispose of felony charges.
Competency proceedings begun in district court do not
postpone grand jury action under competency determined.
- WORKERS COMPENSATION
- PERDUE FARMS,
INC. V. STOGNER
Ky.App.
Sept. 27, 2002.
Voluntary intoxication is not an absolute bar to receiving
workers' compensation benefits. Evidence supported
ALJ's finding that claimant's voluntary intoxication was not
the cause of his injuries.
|
|
Return
to Top
|
|
KENTUCKY
COURT OF APPEALS - NON-PUBLISHED
3 Ky.NPO. 17
|
- EVIDENCE, HEARSAY, BUSINESS RECORD EXCEPTION, P. 2
In product liability case, court allowed introduction of
testing reports prepared by outside agency which were kept by
the company being sued even though the company did not prepare
the reports but kept them in their records in the regular course
of business. (Note: I would watch this one
closely. For what it is worth this is an interesting case
which follows federal precedent regarding the admissibility of
business records even though the records were not prepared by
the business itself. Compare this to a personal injury
case and you have authenticated the Doctor A's records which
contain copies of records from third party doctors and
facilities such that these third party records are not business
records of Dr. A. Authentication and admissibility could
be much easier.)
- SOVEREIGN IMMUNITY, INSURANCE POLICY, P. 3
Suit against county-owned hospital is proper for limited
purpose of measuring claimant's entitlement to insurance
proceeds under hospital liability insurance policy, citing Reyes
v. Hardin County, 55 S.W.3d 337 (2001).
- MALICIOUS PROSECUTION, P. 4
Compromise of a criminal case does not qualify to resolution
of a case in favor of the plaintiff for purposes of malicious
prosecution.
- INSURANCE, AGENT'S DUTY TO ADVISE, P. 5
Agent has duty to advise applicant regarding coverage when
asked for 'good coverage' regarding option pip coverage for
motorcyclist. Although existence of duty and standard of
care are legal questions, breach of the duty is a fact
question.
- PUNITIVE DAMAGES, AGE DISCRIMINATION, P. 8
$50,000 in punitive damages was not excessive in age
discrimination case.
- DOMESTIC RELATIONS, ATTORNEYS FEES, P. 10
Judge is not bound by commissioner's recommendations as to
attorneys fees and has complete discretion in making award.
- DOMESTIC RELATIONS, ATTORNEYS FEES, P. 11
Trial court must find an imbalance in the parties' financial
resources when awarding attorneys fees.
- INSURANCE, UM/UIM STACKING, P. 16
No stacking of both uninsured and underinsured motorist
provisions in policy. More importantly, if the motorist is
uninsured then the underinsured motorist provisions of the
policy are not implicated.
|
|
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.'
|
|
Return
to Top
|
|
LAWREADER.COM
- FEE-BASED SITE WITH KENTUCKY LAW, FORMS
$29.95 PER MONTH!
|
|
LawReader!" now provides case law for all 50
states and all federal courts with LawGrabber!" . Compare
LawGrabber!" with Westlaw!" and Lexis!" .
For one low monthly subscription fee of $29.95, you get
LawGrabber!" , The Amazing Brief Writing Machine!" ,
CourtRoom Companion!" , Statutes of all 50 states, U.S. Code,
DECISIONS OF THE KY. SUPREME COURT AS SOON AS THEY ARE ISSUED,
WEEKLY POSTINGS OF EVERY DECISION OF THE KY. COURT OF APPEALS WITHIN
HOURS OF THEIR RELEASE, and much, much more! Plus a host of Kentucky
materials prepared by Kentucky practitioners.
Every Kentucky case since 1945. Accessible from work and home via
the internet.
Tell em you got their name from LouisvilleLaw and see what
happens.
http://www.lawreader.com
|
|
Return
to Top
|
|
LIST MAINTENANCE
|
|
|
|
Return
to Top
|
|
|
|
|
|
|
|
View your CLE credits online
|
|
|
|
|
|
|
|
|
|
| |
|
Disclaimer
We are not attempting to practice law, give advice or represent ourselves as
anything more than a resource portal with many unique features. Our design is
copyrighted. We have no claim of any affiliation with any linked website nor any
liability for anything they may say or do. We, and our contributing authors,
offer no warranties of any type, to anyone, about anything express or implied.
What you see is what you get, we cannot afford to be your insurer and most
assuredly are not your lawyer and do not render you any legal advice
whatsoever. No attorney client relationship is established by this site,
and there is absolutely no confidentiality of any information or communication
herein. No emails received will be responded to pertaining to legal
questions or advice.
By going further into this site, you accept this complete waiver of all
warranties and acknowledge reading our Legal
Disclaimer.
© 2001-2004 LouisvilleLaw,
LouisvilleLaw.com
& Kentucky Law Net, LLC
"The Kentucky Lawyer" is a registered Service Mark of Kentucky Law Net LLC.
LouisvilleLaw, LouisvilleLaw.com, Louisville LawWire,
eLegal Summaries & LouisvilleLawyers are service marks
and the intellectual property of Kentucky Law Net LLC. 2001-2004
To Suggest a Link or Report broken Links, please contact our Webmaster
Number of Hits Since June 1, 2001
|
|
|
|
Kentucky, legal news, legal, law, information,
lawyers, lawyer, attorney, attorneys, verdicts, settlements, cases,
court, courts, judge, judges
|
|
|
