|
|
 |
|
KENTUCKY eLEGAL SUMMARIES |
|
|
|
- Kentucky
Court of Appeals -
Published Decisions - Nov. 10, 2002
- Criminal
Law
- CAREY
V. COMMONWEALTH, KY. APP., 11/8/2002
Court rejected defendant's
arguement that her plea of guilty but
mentally ill is substantively different from
a plea of guilty, and that the Violent
Offender Statute, KRS 439.3401 does not
address a plea of guilty but mentally ill,
and therefore does not apply to her.
- Juveniles
- M.J.
V. COMMONWEALTH, KY. APP., 11/8/2002,
No. 2001-CA-000508-DG
The
district court did not abuse its discretion
by recessing the adjudication hearing and by
calling an additional witness.
Affirmed.
- Eminent
Domain
- God's
Center Foundation, Inc. v. Lexington-Fayette
Urban County Government
Ky.App.,
11/8/2002, 2001-CA-000982-MR
Affirmed
circuit court's decision that local
government properly exercised its power of
eminent domain in seeking condemnation of
the Lyric Theatre property for a valid
public purpose and that the lower
court's rulings were supported by
substantial evidence and did not err in its
legal conclusions that the LFUCG did not act
arbitrarily or in excess of its authority in
seeking condemnation of the Lyric Theatre.
- Return
to Top
|
- KENTUCKY NONPUBLISHED
OPINIONS
3 Ky.Npo. 20
- Criminal Law - Consent to
Search - "Fine" not mean
"Yes", p. 1
Defendant's response to cop's request to
enter trailer was "fine" but this did
not amount to a consent to search the entire
trailer and the fruits thereof were
suppressed. Note the cops showed up on an
anonymous tip of a crack party at the trailer
park
- Domestic Relations - Family
Court Judge Abuses Her Discretion on
Maintenance, p. 3
Jefferson Family Court Judge's rulings were
clearly erroneous and abused her discretion in
determinining ex-husband's living expenses with
his new girlfriend. Judge Byer calculated
the ex-wife's household expenses upon looking at
her daughter's contributions and sharing
expenses with her mother, but when it came to
the ex-husband and his paramour, the court
arbitrarily divided those expenses in half and
concluded the ex-husband had a surplus for
maintenance. Remanded for recalculation.
- Torts - Firefighting Fiasco
and Exclusive Remedies of Work Comp. p. 5
Although injured firefighters may be
precluded from suing their own employers in tort
for injuries sustained in a controlled burning
exercise that went awry because of the exclusive
remedy provisions under workers comp law (KRS
342.690), this does not necessarily prevent the
visiting firefighters from suing the culpable
third parties and case was remanded for futher
proceedings to check out the applicability of
the joint venture (although Kentucky may not
have addressed this issue, the court did note
Arizona did not bar the suit).
- Medical Malpractice - Expert
Witness, p. 7
Nursing expert on use of IV's was enough to
survive a directed verdict.
- Underinsured Motorist -
Coots and Identifying the parties, p. 10
Allstate advanced tortfeasor's limits and
was a named party in a bad faith claim.
UIM claims were not dismissed, but the bad faith
claims were bifurcated. Allstate's
participation did not require identification as
a party regarding the UIM claim, and the jury
was properly instructed on the barebones basis
of the personal injury claim. No error to
bifurcate. Other issues discussed were
settling for less than limits per Metcalf v.
State Farm, credit for PIP per Saxe v. State
Farm.
- Sovereign Immunity - County
Roads and Self-Insurance, p. 11
Action against county regarding the
maintenance of a county road was properly
dismissed on basis of sovereign immunity and
defense was not affected by county's
participation in self-insurance trust fund
(Kentucky All Lines Fund) rather than a
commercial insurance policy.
- Wrongful Death - Wife the
cause of the death, p. 13
When wife is the sole tortfeasor and cause
of husband's death while riding on the hood of
her car, then she may not share in the wrongful
death settlement against her (her insurer
rather) that followed. All the money goes
to the kids.
- IT'S LIKE
GETTING A CLE IN YOUR MAIL BOX.
THESE NON-PUBLISHED CASES GIVE YOU AN IDEA WHAT
YOUR OPPONENTS ARE TRYING
OUT THERE TODAY.
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).
- 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.
- To sign up click
here.
|
| Return
to Top |
|
|
|
|
|
| |
|
|