Kentucky Court Report - SCOKY & COAKY

COA 2009 Minutes: Apr. 24, 2009 (Nos. 415-436)

April 24, 2009 Court of Appeals Minutes with links to full text of each decision

SCOKY 2009 Minutes: Apr. 23, 2009 (Nos. 79-108)

  

April 2009 Supreme Court Minutes

• Decisions 79-108
• 9 published
• 5 published disciplinary cases
• 12  Motions for Discretionary Review grants

• Decisions 79-108
• 9 published
• 5 published disciplinary cases
• 12  Motions for Discretionary Review grants

SCOKY Discretionary Review Grants for April 2009

DISCRETIONARY REVIEW GRANTED WITHOUT ORAL ARGUMENT

Kentucky Associated General Contractors Self-Insurance Fund v. Music
Construction, Inc. , 2008-SC-795-DG
Contracts. Workers Compensation Reimbursement. In a case in which
the workers' compensation insurer remits all benefits as increased by 30%
pursuant to KRS 342 .165(1) to the employee, is the carrier's
reimbursement action pursuant to the contract with the insured employer
barred by AIG/AIU Insurance Company v. South Akers Mining Company,
192 S .W.3d 687 (Ky. 2006)?

DISCRETIONARY REVIEW GRANTED 4/15/09

Commonwealth Cabinet for Health and Family Services v . L.J.P . , 2008-SC-
950-DGE
Termination of Parental Rights . Intervention . Issues involve an attempt by
paternal grandparents to intervene in an involuntary termination of parental
rights action .
Oral argument-August 2009

Ky. River Medical Center, et. AI. v. McIntosh , 2008-SC-464-DG
Open and Obvious Doctrine. Slip and Fall. The issue is whether a hospital
is liable for injuries to a paramedic who tripped over an unpainted curb
while transporting a patient into the hospital .

The Kroger Co./Country Oven Bakery v . Buckley, 2008-SC-415-DG
Intentional Infliction of Emotional Distress. Disability Discrimination . Law of
the Case doctrine. The issue is whether an appellate court can resurrect a
claim dismissed as pre-empted by a previous panel of the appellate court
in light of the "law of the case" doctrine.

Sajko v. Jefferson County Board of Education ., et. AI. , 2009-SC-21-DG
Notice . The issue is whether a teacher's fax to general counsel for the
school board followed by certified letters mailed on the tenth day but
received on the eleventh day complies with the provisions of KRS 161 .790
(3) which affords school teachers the right to appeal their termination .

Thrasher v. Durham , 2008-SC-809-DG
Evidence . Admissibility and Authentication of Documents. Issues include
whether documents produced during discovery are deemed authenticated
by virtue of their production or whether additional authentication is required
where documents were part of the file compiled by the defendant's former
attorney in a prior lawsuit.

Coomer v. CSX Transportation, Inc. , 2008-SC-784-DG
FELA. Res Judicata. Issue Preclusion . Issues include whether FELA
claim is barred by virtue of plaintiff's prior FELA claim against same
defendant where different injuries and different mechanisms of injury are
asserted .

The Public Service Commission of Kentucky v. Commonwealth of
Kentuckv, 2008-SC-483-DG
AND
The Union Light, Heat, and Power Company, n/k/a Duke Energy Kentucky,
Inc. v. Commonwealth of Kentucky, 2008-SC-489-DG
Utilities .
Public Service Commission. Tariffs. Issues include whether
economic-development riders to utility's rate schedule are lawful under
KRS 278.170 and KRS 278.030.

Machniak v. Commonwealth, 2008-SC-352-DG
Criminal Law. Sentencing . Finality of Sentences. Double Jeopardy. At
issue is plea agreement in which defendant agreed to increasing sentence
if probation terms were violated.

Louisville Gas and Electric Co. v, Hardin & Meade County Property
Owners for Co-location , 2008-SC-348-DG to be heard with Kentucky
Public Service Commission v. Hardin & Meade County Property Owners for
Co-location , 2008-SC-354-DG
Public Utilities . Civil Procedure. Issues include requirements for
enlargement of ten-day time period for designation of record under KRS
278.420 .

News: Chief Justice Racial Fairness Commission Meeting on 4/21/2009

When:  Tuesday, April 21, 2009 @ 4:00 PM

Location:  Crown Room of the Jefferson County Judicial Center, 700 W. Jefferson St., Louisville

Description:

The public is invited to attend a meeting of the Chief Justice Racial Fairness Commission April 21, at 4 p.m. in the Crown Room of the Jefferson County Judicial Center, 700 W. Jefferson St., Louisville. Court of Appeals Judge Denise Clayton chairs the commission.

COA 2009 Minutes: Apr. 17, 2009 (Nos. 393-414)

April 17, 2009 Court of Appeals Minutes with links to full text of each decision

SCOKY ARGS for April 15-16, 2009 - Time, dates, cases, issues and links to full text of lower decision and briefs (filed at Chase Law School)

Sorry for the tardiness!!!

Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law.  Click here.

For Kentucky Supreme Court LIVE arguments, click here on date and time of argument.

The issues, dates, times, lower court/judge, counsel, AND links to full text ofbriefs and  COA decision are below!

WEDNESDAY, APRIL 15, 2009

9:00 a.m. MULLINS V. PICKLESIMER (2008-SC-484-DGE)
"Child Custody. Issues include whether the biological mother waived her superior right of custody, thus permitting a joint custody award by having acknowledged her same sex partner as a parent of the child, co-parenting the child prior to separation of the couple and later allowing extensive timesharing and visitation with the child."
Discretionary Review granted 1/14/2009
Garrard Circuit Court, Judge C. Hunter Daugherty
For Movant: William R. Erwin
For Respondent: Robin Renee Slater

• Appellant's Brief
• Appellee's Brief
• 2007CA000086 COA DECISION

10:00 a.m. COMMONWEALTH OF KENTUCKY V. LOPEZ (2008-SC-308-DG)
"Criminal Law. Probation Revocation. Uniform Code of Military Justice. The primary issue concerns the weight that courts should give to violations of the UCMJ which do not necessarily constitute an independent offense under Kentucky law."
Discretionary Review granted 9/10/2008
Hardin Circuit Court, Judge Kelly M. Easton
For Movant: Heather Michelle Fryman
For Respondent: Sheldon S. Mirkin

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• 2006CA002461 COA DECISION

11:00 a.m. SOLINGER M.D., ET AL. V. PEARSON, ET AL. (2007-SC-389-DG) AND (CROSS-MOTION) PEARSON V. SOLINGER, M.D., ET AL. (2008-SC-133-DG)
NORTON HOSPITAL, INC. V. PEARSON (2007-SC-414-DG) AND (CROSS-MOTION) PEARSON V. NORTON HOSPITAL, INC.
(2008-SC-134-DG)
"Civil Procedure. Summary Judgment. Expert Witnesses. Issues in this medical malpractice action include whether the trial court erred in entering summary judgment in favor of the defendants after the then-pro se plaintiff failed to disclose timely her expert witnesses."
Discretionary Review granted 2/13/2008 and 4/16/2008
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman
For Movants/Cross Respondents (Solinger, et al.): James Patrick Grohmann and Katherine K. Vesely
For Movant/Cross-Respondent (Norton Hospital, Inc.): Bradley R. Hume and Beth Hendrickson McMasters
For Respondent/Cross-Movant (Pearson): Alan Steven Rubin

• Solinger v. Pearson, 2007-SC-389, 2008-SC-133
  • Appellant's Brief
  • Appellee's Brief
  • Appellant's Reply Brief
  • Appellee's Reply Brief
• Norton Hospital v. Pearson, 2007-SC-414, 2008-SC-134
  • Appellant's Brief
  • Appellee's Brief
  • Appellant's Reply Brief
  • Appellee's Reply Brief
• related Supreme Court Cases
  • 2007-SC-000414
  • 2008-SC-000133
  • 2008-SC-000134
  • 2008-SC-000389
• 2006CA000585 COA DECISION

THURSDAY, APRIL 16, 2009

9:00 a.m. MAULDIN, ET AL. V. BEARDEN (2008-SC-557-DGE)
"Child Custody and Visitation. Issues include whether Kentucky retained jurisdiction over visitation under KRS 403.824, a UCCJEA provision adopted
in 2004."
Discretionary Review granted 1/14/2009
Jefferson Circuit Court, Judge Stephen M. George
For Movants: Mitchell A. Charney and Stephanie Lynn Morgan-White
For Respondent: Armand I. Judah

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• 2007CA001888 COA DECISION

10:00 a.m. ASSOCIATED INSURANCE SERVICE, INC., ET AL. V. GARCIA, M.D., ET AL. (2008-SC-037-DG) AND AON RISK SERVICES INC. OF OHIO, ET AL. V. GARCIA, M.D., ET AL. (2008-SC-044-DG).
"Professional negligence case against an insurance agent and broker. Assignment of claims. Summary judgment."
Discretionary Review granted 9/10/2008
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movant (Associated Insurance Service): Frank P. Doheny, Jr. and Michael C. Merrick
For Movant (Aon Risk Services): Mark Scott Riddle, Brent Robert Baughman and P. Blaine Grant
For Respondents: Larry B. Franklin and Leroy E. Sitlinger, Jr.

• Appellant's Brief
• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• Appellant's Reply Brief
• Related SC Cases
  • 2008-SC-000037
  • 2008-SC-000044
• 2006CA001737 COA DECISION

11:00a Meece v. Commonwealth, 2006-SC-881 [note this was not listed in the SC's Oral Argument Calendar but was included with the briefs filed at NKY Chase School of Law; these are included in an abundance of caution]

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief

FRIDAY, APRIL 17, 2009 ------ NO ORAL ARGUMENTS

SCOKY MONTHLY CASE SUMMARY REPORT: March 2009

The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar.  Every effort is made to present accurate information, including status of the case, as of the date of posting.  The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites.  Before citing any case, the user should always read the entire opinion and ensure that the case is final.  CR 76.28.

    * March 2009

    * March 2009

COA MONTHLY CASE SUMMARY REPORT: March 2009

The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar.  Every effort is made to present accurate information, including status of the case, as of the date of posting.  The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites.  Before citing any case, the user should always read the entire opinion and ensure that the case is final.  CR 76.28.

• March 2009

The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar.  Every effort is made to present accurate information, including status of the case, as of the date of posting.  The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites.  Before citing any case, the user should always read the entire opinion and ensure that the case is final.  CR 76.28.

• March 2009

The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar.  Every effort is made to present accurate information, including status of the case, as of the date of posting.  The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites.  Before citing any case, the user should always read the entire opinion and ensure that the case is final.  CR 76.28.

• March 2009

The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar.  Every effort is made to present accurate information, including status of the case, as of the date of posting.  The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites.  Before citing any case, the user should always read the entire opinion and ensure that the case is final.  CR 76.28.

• March 2009

COA 2009 Minutes: Apr. 10, 2009 (Nos. 361-392)

April 10, 2009 Court of Appeals Minutes with links to full text of each decision

COA 2009 Minutes: Apr. 3, 2009 (Nos. 326-360)

April 3, 2009 Court of Appeals Minutes with links to full text of each decision