7 results for 'judge:"VanMeter"'.
[Consolidated.] J. VanMeter finds that the lower court improperly held that Churchill Downs was liable for a horse that lunged at and bit plaintiff during the Kentucky Derby because plaintiff knowingly took a risk by approaching the backside stable in which the horse was being kept in a restricted area, and the horse, which was not participating in racing activity, constituted a farm animal. Reversed.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: June 13, 2024, Case #: 2022-SC-0508-DG , Categories: Negligence
J. VanMeter finds that KRS 446.080(3) does not apply retroactively in an action challenging an arbitration agreement stemming from claims brought against a nursing home because the decedent had not signed her power of attorney in front of two disinterested witnesses. The two-witness rule was subsequently removed, but the statutory language did not clarify legislative intent.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: June 13, 2024, Case #: 2023-SC-0249-DG, Categories: Arbitration, Civil Procedure, Negligence
J. VanMeter finds that an indefinite suspension should be imposed upon attorney Gary Alan Tabler for failing to timely estate inventories and periodic settlements while functioning as long-term administrator of an estate, then failing to respond to the charge.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: April 18, 2024, Case #: 2024-SC-0027-KB, Categories: Attorney Discipline
J. VanMeter finds that Kentucky properly exercised jurisdiction over a minor child in a custody dispute because statute stipulates emergency custody on grounds that the mother now resided with the child in the commonwealth, and since the parents had moved frequently prior to the dispute, which deprived any other state of jurisdiction. Affirmed.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: March 14, 2024, Case #: 2023-SC-0251-MR, Categories: Family Law, Jurisdiction
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J. VanMeter finds that plaintiff, a victim of childhood sexual abuse, was allowed to file claims for the city's vicarious liability concerning abuse committed by her father, a police officer, because the 2021 amendment to KRS 413.249(7)(b) permitted claims to be filed five years beyond the statute of limitations.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: February 15, 2024, Case #: 2022-SC-0308-DG, Categories: Civil Procedure, Negligence
J. VanMeter finds that the trial court properly dismissed claims an attorney brought against the director of the bar association after he was erroneously told he passed the state bar exam because the director acted on behalf of the commonwealth upon relaying the faulty information and thus was entitled to immunity. Reversed.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: December 14, 2023, Case #: 2022-SC-0412-DG , Categories: Immunity, Negligence