1999-CA-002774
Size: 28 kb
Date: 1/9/2003
Not To Be Published |
Perkins
v. Commonwealth
Criminal Law, Sexual Offender
Registration, Experts
Relying on Hyatt v. Commonwealth,
defendant was entitled to funds to hire
expert for risk assessment hearing. |
2000-CA-001867.pdf
Size: 74 kb
Date: 1/17/2003
Not To Be Published
|
Total
Distribution Servics v. CSX
Negligence, Independent
Contractors, Restatement Torts 324A,
Seat Belt Expert
Not error to have denied directed
verdict; ample evidence to find
contractor hired by owner owed duty to
subcontractor's employees. Use
of seat belt relevant on apportionment
even when unloading trucks at Ford
plant. |
2000-CA-00230
Size: 31 kb
Date: 1/9/2003
Not To Be Published
|
Korfhage
v. Prell (consolidated appeals)
Divorce, Settlement Agreements
Parties bound by agreement reached
at prehearing settlement conference on
appeal regarding disposition of real
estate by quit claim deed. Facts
in record supported client's consent
to agreement. |
2000-CA-002436
Size: 26 kb
Date: 1/9/2003
Not To Be Published
|
McWhorter
v. Commonwealth
Criminal Law, Sentencing
Judge is not bound by jury's
sentencing recommendation and could
change concurrent to consecutive
sentences, effectively doubling time. |
2001-CA-000946
Size: 34 kb
Date: 1/9/2003
Not To Be Published
|
Larrison
v. Hebron Auto Sales
Warranties, Summary
Judgment/Motion to Dismiss
Express warranty in sale of auto
can be abrogated by "as is"
sale language. Motion to dismiss
affirmed. |
2001-CA-000986
Size: 33 kb
Date: 1/9/2003
Not To Be Published
|
Combs
v Smith
Real Estate, Warranty, Fraud
Buyer believed seller had not made
all repairs to house damaged from fire
after porch roof collapsed. Bench
trial awarded buyer $11,000.
Caveat emptor applies sale of home and
no implied warranty unless sale of new
home (not so here); therefore, claim
must rest on warranty, fraud, or
concealment. Judge's findings of
fact supported by evidence. |
2001-CA-001546.pdf
Size: 77 kb
Date: 1/17/2003
Not To Be Published
|
Barnes
v. Commonwealth
Criminal Law, Consent Search,
Grand Jury Testimony
Crimes relating to anhydrous
ammonia equipment (used for
methampetamine production) are
constitutional. Automobile seach based
on valid consent, and judge had
substantial findings of fact at
pretrial suppression hearing.
Although law enforcement testimony at
grand jury may have been misleading,
it was not intentional and sufficient
testimony existed to support
indictment. |
2001-CA-001771
Size: 32 kb
Date: 1/9/2003
Not To Be Published
|
Dinsmore
v. Commonwealth
Criminal Law, Sentencing
Affirmed amended sentence by judge
who corrected sentence following 60.02
motion of defendant. No hearing
required since relief granted. (eg.,
murder not subject to PFO
enhancement). |
2001-CA-001801
Size: 30 kb
Date: 1/9/2003
Not To Be Published
|
Stewart
v. Galen of Kentucky
Negligence, Hospital, Experts
Summary judgment against plaintiff
reversed. Patient at hospital under a
'fall safety protocol' did not need
expert testimony and presented jury
issue on facts that bed check alarm
not function, patient had gotten up
before, and was injured when she got
up again and fell on floor in her own
defecation. There was expert
testimony in the record that purpose
of bed check alarm was to notify nurse
that patient had left bed. If
had functioned properly, then fall
could have been prevented. This
was Jefferson Cir. Ct. case with Jeff
Sampson for Plf and Todd Thompson for
Suburban Hospital. |
2001-CA-001846
Size: 53 kb
Date: 1/9/2003
Not To Be Published
|
City
of Louisville v. Lumpkins, Minor
Civil Rights, Hostile Work
Environment
Trial court refused to give city's
requested jury instructions which
contained interrogatories on factual
allegations in support of hostile work
environment suffered by
African-American minors working at
city pool. Appeals court
summarized law on hostile work
environment and reversed based on
erroneous instructions. Even though
the trial court committed no error
refusing the city's instructions
(which focused on individual incidents
rather than totality of of the
circumstances). However, court's
instructions correctly summarized the
law except for omitting requirement
that an isolated incident, unless
extremely serious, is insufficient to
create a hostile work
environment. Jefferson Cir. Ct.,
Clayton, J.; Glenn Cohen and Cynthia
Effinger for injured minors; Lisa
Schweickart for city on appeal.
For what it is worth, the instructions
are in the opinion for
use/modification. |
2001-CA-002005.pdf
Size: 60 kb
Date: 1/17/2003
Not To Be Published
|
Orkin
v. Joiner
Arbitration Agreements
Claims under Consumer Protection
Act fall within arbitration agreement
in contract for termite
treatment. Party's ignorance of
rules of American Arbitration Assn. do
not render agreement unenforceable.
KRS 417.160(1) does not include errors
at law as basis for setting aside
arbitrator's decision. Although no
decision yet on palpable error as
basis for setting aside award, the
errors raised here were not to that
level. Waivers of liability do
not violate public policy and may
contract away future negligence if not
willful and wanton & resultant in
personal injury. |
2001-CA-002055
Size: 37 kb
Date: 1/9/2003
Not To Be Published
|
Barnes
v. Kentucky Retirement System
State Retirement, Time for
Filing for Benefits
Claimant filed beyond one-year fpr
disability retirement benefits.
Claim denied by Administrative Appeals
Committee, but it had no authority to
act for Board of Trustees.
Remanded. |
2001-CA-002238.pdf
Size: 101 kb
Date: 1/17/2003
Not To Be Published
|
Springer
v. Commonwealth
Criminal Law, Directed Verdict,
Lay Testimony, Relevant Evidence
Marijuana found in in-mates locker
and subsequently convicted of
promoting contraband. Multiple issues
on appeal regarding guard's testimony
on age of marijuana cigarette,
relevance of negative drug test
following seizure, no double jeopardy
for prison disciplinary proceeding,
etc. etc. etc. |
2001-CA-002281
Size: 32 kb
Date: 1/9/2003
Not To Be Published
|
Wilson
v. Wilson
Child Support, Modification
Placing child in hospital or
nursing facility is no basis to
terminate or modify support; disabled
child has need in excess of those
expenses merely covered by
insurance. |
2001-CA-002291
Size: 58 kb
Date: 1/9/2003
Not To Be Published
|
Northfield
Ins. Co. v. First Nat'l Bank &
Trust
Insurance, Endorsements,
Summary judgment reversed and
granted in favor of other party!
Attempted retroactive endorsement to
policy after loss from arson to name
bank as an additional insured (mortgagee/loss
payee) was not given legal effect, and
insurance company won coverage
issue. Houseboat manufacturer
had commercial insurance which did not
name the bank as a loss payee when
fire erupted (major loss of
property). Insurance company
ruled arson and denied coverage.
However, this does not affect a loss
payee so they tried to amend the
policy retroactively which would have
allowed the bank to be paid on its
note since the arson by the insured
would not have affected the bank's
benefits under the policy. Judge
ruled in summary judgment in favor of
bank, court of appeals reversed and
granted summary judgment on appeal
favoring insurance company.
(Nice try, but retroactive endorsement
not work.) |
2001-CA-002331
Size: 43 kb
Date: 1/9/2003
Not To Be Published
|
Hudson
& Hudson v. Ayars
Real Property, Prescriptive
Easements, Adverse Possession
Abandoned Property |
2001-CA-002434
Size: 52 kb
Date: 1/9/2003
Not To Be Published
|
Commonwealth
(Agriculture Dept) v. Vinson
Whistleblower
Affirmed jury's award of punitive
damages of $2,000,002 and
reinstatement to former
positions. No need to analyze
punitive award under federal
constitutional principles since state
is not a "person." |
2001-CA-002478
Size: 34 kb
Date: 1/9/2003
Not To Be Published
|
Caldwell
v. Hall
Real Estate, Royalties,
Minerals
Case dealt with interest in heirs
and grantees to mineral rights of
property and royalties to be paid
accordingly. |
2002-CA-000036
Size: 44 kb
Date: 1/9/2003
Not To Be Published
|
Park
v. Coleman Oil, Inc.
Negligence, Duty to Provide
Security, Summary Judgment
Store proprietor is not the
insurer of the safety of his guests,
and the existence of duty owed is
question of law. Customer was a victim
of robbery at Hager Hill Happy
Mart. Summary judgment
dismissing plaintiff's claims affirmed
as Plaintiff did not demonstrate
foreseeability that he would more
likely be a robbery victim at Happy
Mart than anywhere else. |
2002-CA-000091
Size: 46 kb
Date: 1/9/2003
Not To Be Published
|
Johnson
v. General Assembly
Criminal Law, Class Action,
Statutory Interpretation, Civil Rights
Pro se inmate filed class action
lawsuit following his conviction
claiming civil rights violations for
consecutive sentences. Lost. |
2002-CA-000096
Size: 33 kb
Date: 1/9/2003
Not To Be Published
|
Collier
v. Commonwealth
PFO, Juveniles
Addressed issues relating to proof
the PFO was not a minor when convicted
of prior felonies. |
2002-CA-000117.pdf
Size: 53 kb
Date: 1/17/2003
Not To Be Published
|
Nuck
v. Nuck
Family Law, Child Support,
Arrearages
Set aside credits given by trial
court for child support arrearages
during periods of custody; relief from
child support obligations (per Price
v. Price may only be granted
prospectively. |
2002-CA-000245.pdf
Size: 59 kb
Date: 1/17/2003
Not To Be Published
|
Ebbs
v. TARC
Directed Verdict, Negligence
Reversed directed verdict in favor
of TARC bus driver concluding jury
might reasonably have found greater
degree of caution would have avoided
accident and was negligent in pulling
away from curb. |
2002-CA-000273
Size: 44 kb
Date: 1/9/2003
Not To Be Published
|
Kimmel
v. Progress Paint Man. Co.
Employment Contract,
Commissions, Summary Judgment
Case dealt with commissions from
sales following alleged improper
termination of employment.
Kentucky is employment at will state
unless parties expressly manifest
intention to do otherwise.
Contract interpreted not to be a
yearly contract of employment.
Defective product credits not subject
to commissions. |
2002-CA-000290
Size: 27 kb
Date: 1/9/2003
Not To Be Published
|
Williams
v. Commonwealth
Criminal Law |
2002-CA-000532
Size: 33 kb
Date: 1/9/2003
Not To Be Published
|
McAinch
v. Pittman
Child Custody
Affirmed judges change of custody
when mother could not protect child
from step-parent. |
2002-CA-000593
Size: 47 kb
Date: 1/9/2003
Not To Be Published
|
Whittaker
v. Spencer
Workers Compensation
Affirmed increase in occupational
disablity; also addressed credits on
reopening of claim. |
2002-CA-000796.pdf
Size: 66 kb
Date: 1/17/2003
Not To Be Published
|
Sosa
v. Irving Materials
Summary Judgment, Unauthorized
Practice of Law
Affirmed summary judgment
dismissing claims of father for
property damage since he had already
settled and dismissal of daughter's
claims prosecuted pursued in in the
father's own name by father due to
unauthorized practice of law. |
2002-CA-001150
Size: 66 kb
Date: 1/9/2003
Not To Be Published
|
Owensboro
v. Adams
Workers Compensation,
Scientific Evidence
Daubert standard for scientific
evidence applies to Workers
Compensation cases, and expert
testimony regarding trigeminal
neuralgia was sufficient to support
causation finding by ALJ in reopening
workers comp case. |
2002-CA-001392
Size: 41 kb
Date: 1/9/2003
Modified 12/20/2002 decision |
Fouch
v. Island Fork Construction
Workers Compensation, Black
Lung |
2002-CA-001437
Size: 47 kb
Date: 1/9/2003
Not To Be Published
|
Fairbanks
Coal v. Collins
Workers Compensation,
Appellate Review |
2002-CA-001538
Size: 68 kb
Date:
1/9/2003
Not To Be Published
|
Commonwealth
v. Ward
Criminal Law |
2002-CA-001588
Size: 60 kb
Date: 1/9/2003
Not To Be Published |
Caspar
v. Superior Care Home
Workers Compensation, Cervical
Spine & Degenerative Disk |
| The
Kentucky Appellate decisions are
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This web site (AOC at http://www.KyCourts.net)
contains both published and
unpublished opinions of the Kentucky
Supreme Court and Kentucky Court of
Appeals. First, opinions that are
labeled "NOT TO BE
PUBLISHED" shall never be cited
or used as authority in any other case
in any court of this state. CR
76.28(4)(c). This is true even after
the unpublished opinions become final.
Secondly, although opinions labeled
"TO BE PUBLISHED" may be
cited as authority in any court of the
Commonwealth of Kentucky, the opinions
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the date Court of Appeals opinions
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