When hubby died, his second wife filed for insurance proceeds, which he had already changed from his first wife to her.  The insurance company refused to pay Wife 2 b/c hubby had used an incorrect form in changing his beneficiary.  The proceeds went to wife 1, who filed for them in her now-home state of Florida.  Wife 2 sought a declaratory judgment, but the trial court ruled it had no personal jurisdiction over wife 1.  It cited Wilson v. Case, Ky., 85 S.W.2d 589 (2002), which has the three pronged test for determine the outer limits of personal jurisdiction based on a single act.  The trial court found the cause of action did not arise from in-state activities.  It also found KRS 434.210 did not allow personal jurisdiction, as the "personal business" wife 2 conducted, i.e, visiting friends in KY every year or so, did not qualify under the statute.  The CA affirmed, also finding general jurisdiction would not apply, as wife 1 had not had continuous and systematic contacts with KY.  Wife 1's connections with this state were simply too tenuous to allow the court to find it had personal jurisdiction over her.   

CA affirms in part and reverses and remands in part a jury verdict awarding $500K in compensatory and $3 mil in punitive damages in this lead exposure case involving public housing. (Jefferson Cir. Ct., Hon. Ann O'Malley Shake, Judge, presiding). 

Louisville Metro Housing Authority appeals, arguing that the TC erred in allowing the jury to consider punitives and the compensatory award was speculative. 

CA holds that public policy considerations concerning the nature and purpose of the housing authority affords it the protections available to local governments, including the prohibition of punitive damages. CA finds no error with compensatory award.  

Baker was not hired by the school board and he claimed the Board refused to hire him as punishment for his having successfully sued the Board in federal court.

In dismissing the action, the circuit court correctly ruled that Kentucky does not recognize a common law cause of action for retaliatory failure to hire.  COA agreed, affirmed the dismissal, and "decline[d] Baker’s invitation to adopt the cause of action in Kentucky.

Affirmed summary judgment dismissing police captain's complaint for termination of employment alleging among other things a denial for his request for a public hearing. Held police officers “are not non-elected officers for purposes of Independence Code of Ordinances at §31.35(C) which requires a specific due process hearing for removal”.

This appeal arose from a contract to purchase land, with payments for life of the seller, then a deed would be conveyed.   Seller died, and seller's heirs removed some farm equipment off the property.  Buyers claims no longer bound by the terms of the original contract.  The trial court found that the seller's heirs had a right to remove the farm equipment from the property and ruled that the removal was in accordance with the settlement agreement.   “[O]rdinary rescission of an executed contract for non-performance or breach will not be allowed for a slight or casual breach of the contract.” C.C. Leonard Lumber Co. v. Reed, 236 S.W.2d 961, 962 (Ky. 1951).

Warrantless search of parolee's residence based on reasonable suspicion of illegal activity and authorized by parolee's conditions of supervision is constitutional. 

Time spent by probationer in halfway house is not to be credited against her prison sentence because she was not "in custody" at the time.

Trial court erred by denying motion to suppress.  Police officer's search of Drug Court participant's vehicle occurred before officer learned that White had signed a Drug Court consent form stating that he would submit to searches by law enforcement.  

Moving an appellate court (post-conviction) to order the trial court to impose concurrent rather than consecutive sentences is generally not a subject of relief for which CR 60.02 was designed.   

CA affirms TC grant of SJ dismissing claims against Gallatin County and the Kentucky Speedway, LLC.

Plaintiff-appellants live 100 yards from the Speedway, which operates on land owned by Gallatin County. Due to noise, lighting, trespass and litter, appellants filed this action seeking to compel the county to comply with local ordinances governing nuisances. The Speedway intervened. 

The TC heard the action as a writ of mandamus; CA affirmed dismissal because the county's interest in the property is nominal and the appellants have other remedies. As to the nuisance claim against the Speedway, CA affirmed that appellants have no damages as the fair market value of their property has actually increased.  

Affirmed trial court which held father in criminal contempt for his failure to reimburse his former wife, Michelle S. White, for health insurance premiums, extraordinary medical expenses, and daycare expenses for the parties’ two minor children, and ordered him to serve 48 hours in the Oldham County Jail.  “Contempt is the willful disobedience of -- or open disrespect for -– the rules or orders of a court.”16 A contempt of court may be “criminal” or “civil”. “‘A “criminal contempt” is conduct directed against the dignity and authority of the court.   It was within the circuit court’s discretion to not only attempt to compel father to pay the money owed to the mother/ex-wife under its orders, but also to punish him for his repeated violations of the court’s orders.

 

Dispute arose following entry of property agreement as part of divorce.  The contract was not ambiguous and parol evidence was not needed to discern the contracting parties' intentions.   An agreement cannot be held unconscionable on the basis that it is a bad bargain.

Can’t “create” a partnership simply by being tenants in common.  Tenants liable to each other for expenses and costs associated with foreclosure.