2000-CA-000644.pdf
Size: 63 kb
Date: 2/6/2003
Not
to be Published
|
Malone
v. Commonwealth
Government Employment
Relationship between dismissal and
self-incrimination. |
2000-CA-001926.pdf
Size: 17 kb
Date: 2/20/2003
Not
to be Published
|
Ginter
v. Ware
No merit to appeal |
2000-CA-002275.pdf
Size: 47 kb
Date: 2/6/2003
Not
to be Published
|
Gallagher
v. Conyer
Family Law
Joint custody not awarded when future
cooperation remote. Failure to properly
designate portions of the record for appeal.
Brandenburg formula applied to marital/nonmarital
property. |
2000-CA-002838.pdf
Size: 23 kb
Date: 2/20/2003
Not
to be Published
|
Nutrition
Rich Prod. v. Nutritional Resources, Inc.
Business Law
Business was 'alter ego' of its owners and
corporate veil pierced permitting attachment
of assets. |
2001-CA-000484.pdf
Size: 51 kb
Date: 2/6/2003
Not
to be Published
|
Holland
v. Ky Retirement Systems
Government Disability Benefits |
2001-CA-000694.pdf
Size: 39 kb
Date: 2/6/2003
Not
to be Published
|
Board
of Dentistry v. Goodman
Professions
Reviewed propriety of action taken against
dentist who allowed hygenist to polish teeth. |
2001-CA-000721.pdf
Size: 34 kb
Date: 2/20/2003
Not
to be Published
|
Scully
v. American Airlines
Jurisdiction
Airline passengers can't sue in state
court for personal injuries due to preemption
by federal law (Warsaw Convention). |
2001-CA-000816.pdf
Size: 36 kb
Date: 2/6/2003
Not
to be Published
|
Logan
Aluminum v. Bullard
Workers Compensation |
2001-CA-000977.pdf
Size: 23 kb
Date: 2/27/2003
Not
to be Published
|
Taylor
v. Wheeler
Summary Judgment
Plaintiff failed to answer expert
interrogatories or identify facts or experts
in support of his claim for medical
negligence. Summary judgment dismissing
claim affirmed. Plaintiff claimed his
nurse consultant was ill and unable to provide
names and court should have given him
extension. |
2001-CA-000991.pdf
Size: 33 kb
Date: 2/6/2003
Not
to be Published
|
Fields
v. Fulton County Board of Levee
Cutting Timber on the Levee & Color of
Title |
2001-CA-001021.pdf
Size: 35 kb
Date: 2/27/2003
Not
to be Published
Recommend you read this one. |
Bayless
v. St. Elizabeth Med. Center
Adequacy of Damages, New Trial, Medical
Malpractice
Miller v. Swift issues on zero pain and
suffering when medicals awarded against doctor
in med mal - judge denied new trial -
affirmed. Judge's ruling was not clearly
erroneous. Note the court addressed the
jury's decision determining no additional pain
and suffering. Other basis for new trial
that jury disregarded uncontroverted evidence
was shot down too. Note the claims of
med mal were based on radiologists
misdiagnosing fracture such that surgery
rather than a cast was now required. One
doctor admitted mistake; another doctor did
not (jury agreed). Result was negligence
apportioned against the radiologist who
admitted his error and the minor's parents. |
2001-CA-001026.pdf
Size: 40 kb
Date: 2/6/2003
Not
to be Published
Good one to read. |
Transportation
Cabinet v. Pelphrey
Board of Claims
Diminution of value to land.
Applicability of civil rules in board of
claims action on 'appeal' to circuit court
since it is an original action. |
2001-CA-001360.pdf
Size: 27 kb
Date: 2/13/2003
Not
to be Published
Good one to read. |
McDowell
v. Our Lady of Bellefonte Hosp.
Medical Malpractice, Evidence
No error to exclude evidence of
plaintiff/patient's failure to have insurance
to show physician's motive for not conducting
certain tests (court also relied on case where
expert witness and defendant physician were
insured by same malpractice carrier was
properly excluded to show bias).
Plaintiff also failed to preserve error by
avowal where court excluded his expert
witness's testimony about standard of care on
the basis that it was not disclosed in
interrogatory responses or at his
deposition
Comment: Of course, could this same
analysis apply to CR 26.02 disclosures of
other experts regarding the specificity of the
opinions actually disclosed? Note how
often, the disclosure is nothing more than the
expert will testify about general need for
future medicals or impairments without
specifics. This is a good one read just
for a reminder of the hurdles to jump in
medical malpractice cases even after you find
the expert witnesses!
|
2001-CA-001457.pdf
Size: 52 kb
Date: 2/6/2003
Not
to be Published
Good one to read. |
Louisville
& Jefferson County MSC v. Becker
Condemnation
Good words said about Judge Abramson's
opinion and who denied MSD's petition to
condemn sewer pipe for failure to make
reasonable effort to acquire property by
private sale. |
2001-CA-001471.pdf
Size: 53 kb
Date: 2/20/2003
Not
to be Published
Good one to read. |
McCarty
v. Boswell
Medical Malpractice, Experts, Daubert, Res
Ipsa Loquitor
Plaintiff sued for misdiagnosis -
pathologist diagnosed cancer in the jaw and
given one year to live, patient had chemo,
patient got better, pathologist reexamined and
now his opinion was inconclusive; only problem
for patient was terrible regimen of
chemo. This case is now nearly 10 years
old and went through at least 3 plaintiff's
lawyers. Plaintiff had his expert
problems - on deposition by defendants, one
stated he never looked at the slides and not
his area; and another was qualified buy only
would say he would not have reached that
conclusion but would not say it deviated from
standard of care. First expert did not
meet the Daubert challenge. Next, SJ affirmed
for failing to prosecute and not diclosing
experts (too bad you kept losing your lawyers
and had no money to get experts!). Finally,
the haven of res ipsa loquitor provided no
respite, and court did not buy argument that
the defendant doctor admitted a deviation from
standard of care by changing his report from
cancer to inconclusive or by sending out the
sample to a medical school of doctors who were
unsure too. No res ipsa cases cited to support
a missed diagnosis med-mal case. |
2001-CA-001486.pdf
Size: 43 kb
Date: 2/6/2003
|
Cabinet
for Human Services v. Family Home Health Plan
Professions
Addressed government's denial of a
certificate of need for mobile IV unit. |
2001-CA-001572.pdf
Size: 23 kb
Date: 2/27/2003
Not
to be Published |
Willoughby
v. Jones
Contempt
Property line and easement dispute between
two neighbors and their driveway. |
2001-CA-001600.pdf
Size: 30 kb
Date: 2/6/2003
Not
to be Published |
Lawson
v. Haynes
Estates, Breach of Contract Between Decedents,
Res Judicata
(Nothing real major here). |
2001-CA-001601.pdf
Size: 27 kb
Date: 2/20/2003
Not
to be Published |
Dauley
v. Hops of Bowling Green
Employment
At will employee did not have a fiduciary
relationship with employer and no wrongful
discharge under public policy exception to
terminable at will rule. |
2001-CA-001617.pdf
Size: 35 kb
Date: 2/6/2003
Not
to be Published |
In
the Interest of X.B. v. Commonwealth
Family Law, Juvenile
Involved placement of juvenile with Dept.
of Juvenile Justice. |
2001-CA-001646.pdf
Size: 25 kb
Date: 2/20/2003
Not
to be Published |
Thornton
Oil v. Perconti
Contracts
This case involved the Thornton Oil
executive who was convicted of fraud etc. and
his claim for retirement benefits previously
agreed to before he went astray. |
2001-CA-001694.pdf
Size: 43 kb
Date: 2/27/2003
Not
to be Published
|
Louisville
and Jefferson County MSD v. 3-D Enterprises
Mechanics Liens
Addressed MSD dispute and liens with a
contractor doing 'bioroughing' stuff. |
2001-CA-001729.pdf
Size: 48 kb
Date: 2/13/2003
|
Guepel
Construction v. Transportation Cabinet
Government Procurement, Appeals |
2001-CA-001766.pdf
Size: 52 kb
Date: 2/6/2003
Not
to be Published
Good Daubert Analysis.
|
Scott
v. Grimes
Medical Malpractice, Daubert Hearing
Reversed. Judge erred in disallowing
expert causation testimony regarding HRT and
relationship to plaintiff's stroke. |
2001-CA-001826.pdf
Size: 58 kb
Date: 2/6/2003
Not
to be Published
|
Reece
v. Blevins
Contracts, Options, Installment Land Contract
Interpreted agreement with parol evidence,
option to buy in lease. Folks in Munfordville
were selling their house when husband was
going into military and entered into this
contract with neighbor. Paid rent for
three years, but at the end the 'sellers' did
not want to sell. Renter/buyer not
enthused and sued. |
2001-CA-001835.pdf
Size: 26 kb
Date: 2/6/2003
Not
to be Published
Worth a read
|
Rogers
v. Blair
Family Law
Upheld constitutionality of Kentucky's de
facto custodian statute (grandparents) which
provides due process. Looked at US Sup.
Ct. case and other Kentucky cases. |
2001-CA-001925.pdf
Size: 22 kb
Date: 2/27/2003
Not
to be Published
|
Gideon
v. Samaritan Hospital
Pleadings
Pro se plaintiff's failure to properly
name hospital in complaint was fatally
defective. |
2001-CA-001960.pdf
Size: 29 kb
Date: 2/13/2003
Not
to be Published
|
Young
v. Kentucky Speedway
Taxation, Government Bonds
Dealt with bonds to fund Kentucky
Speedway. |
2001-CA-002014.pdf
Size: 19 kb
Date: 2/6/2003
Not
to be Published
|
Spinks
v. Holder Cemetery
Real Property
Addressed adverse possession rules in
boundary dispute. |
2001-CA-002020.pdf
Size: 30 kb
Date: 2/20/2003
Not
to be Published
|
Faulkner
v. Faulkner
Family Law
Trial court failed to enter findings in
support of deviation from child support
guidelines when child support recalculated and
requiring one spouse to pay mortgage. |
2001-CA-002056.pdf
Size: 23 kb
Date: 2/27/2003
Not
to be Published
|
Link
v. Fass
Instructions
Defendant failed to preserve error
regarding apportionment instruction against
co-defendant in real estate purchase regarding
damages to house which were occurred after
purchase/inspection but not discovered until
after closing. |
2001-CA-002061.pdf
Size: 36 kb
Date: 2/20/2003
Not
to be Published
Read
this one.
|
Moorhead
v. Manning Equipment
Attorneys Fees
Plaintiff obtained verdict on
lease-purchase agreement which awarded her
damages, pre-judgment interest, and
costs. Plaintiff did not seek attorneys
fees till after judgment claiming entitled to
atty fees for defending judgment on appeal or
post-verdict. Trial court did not have
jurisdiction after verdict since attorneys
fees not raised at trial and entitlement to
attorneys fees was not ancillary to the action
(such as divorce or civil rights) but was part
of the contract. |
2001-CA-002086.pdf
Size: 49 kb
Date: 2/27/2003
Not
to be Published
|
Johnson
v. Scripps Co.
Defamation, Public Figure |
2001-CA-002149.pdf
Size: 29 kb
Date: 2/13/2003
Not
to be Published
|
City
of Sparta v. Kentucky Speedway
Annexation
Strict and not substantial compliance with
statute required. |
2001-CA-002191.pdf
Size: 71 kb
Date: 2/6/2003
Not
to be Published
Good
one to read.
|
Adams
Real Estate Ltd Partnership v. King
Real Estate
Real estate transferred by partner
(grandfather) to his grandson may not meet
requirements for recordation, but can pass
title as to the individuals concerned and
those with actual notice. Here grand-dad
had simply writing to give houses to his
grandson. Court addressed issues
regarding document transferring property,
authority of partner to transfer property
owned by real estate partnership, constructive
trust, etc. |
2001-CA-002192.pdf
Size: 35 kb
Date: 2/20/2003
Not
to be Published
|
Smith
v. J.C. Lee and Sons
Negligence, Jury Misconduct
Plaintiff's sued cow owner whose cow left
the farm and got hit by a car. Jury
found no negligence (affirmed), and allegation
of jury misconduct because they were out only
four minutes and did not read instructions was
not substantiated in the record.
Basically, plaintiff met burden of showing
negligence which shifted to defendant
cow-owner that he was not negligent and jury
bought the evidence. Plaintiff loses (no
negligence per se as hoped for by
plaintiff). Cow jumps ove the moon, hits
car, ouch. |
