87 results for 'court:"Kentucky Court Of Appeals"'.
J. Acree finds that the lower court properly determined that a father abused his child based on pictures the mother submitted of bruises discovered on different parts of the child's body and evidence indicating the child feared visiting his father and had sustained an injury on a previous visit. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: May 3, 2024, Case #: 2023-CA-0218-ME, Categories: Child Victims
[Consolidated.] J. McNeill finds that the lower court properly reduced a $250,000 award for loss of earning capacity caused by an injury plaintiff sustained while interning for Western Kentucky University because plaintiff was only due the amount that remained following discharge of medical bills. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: May 3, 2024, Case #: 2023-CA-0521-MR, Categories: Employment, Damages, Negligence
J. Eckerle finds that grandparents were properly denied requests to bring motions for child support, discovery, and permanent custody during the period that their temporary custody was in effect because the motions were not ripe for consideration until permanent placement of their grandchild had been established. Affirmed in part.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: May 3, 2024, Case #: 2023-CA-0941-ME, Categories: Civil Procedure, Family Law, Discovery
J. Cetrulo finds that defendant was properly denied an additional hearing for parole from the 99-year sentence imposed upon his 1987 murder conviction because his prior parole request had been denied, and he had been directed to serve the remainder of his sentence, rendering him ineligible for future parole under KRS 439.3403(2)(b). Affirmed.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: May 3, 2024, Case #: 2023-CA-0835-MR, Categories: Murder, Parole, Sentencing
J. Cetrulo finds that radiologists were improperly granted summary judgment in claims contending they misread x-rays that had been requested to determine whether a needle had broken off in a patient's knee during surgery because an orthopedist who may have lacked qualifications to testify as an expert in the field of radiology had been qualified to testify concerning the radiologists themselves. Reversed in part.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: April 19, 2024, Case #: 2023-CA-0748-MR, Categories: Experts, Medical Malpractice
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J. Taylor grants an insurer summary judgment in a Lyft driver's claims seeking uninsured motorist benefits following an accident because the policy specifically excludes UIM coverage when the car is available for hire, and the driver had been logged into Lyft's mobile application at the time of the accident. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Taylor, Filed On: April 19, 2024, Case #: 2023-CA-0447-MR, Categories: Insurance
J. McNeill finds that the lower court properly held that a gas company had the right to condemn plaintiff's property to construct a natural gas pipeline because the conservation easement did not protect the land from eminent domain since the action concerned public use and plaintiff received proper compensation.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: April 19, 2024, Case #: 2023-CA-0458-MR, Categories: Energy, Property
J. Caldwell finds that the lower court improperly dismissed premises liability claims brought against a hospital after plaintiff tripped on a dislodged cobblestone because plaintiff was not required to file a certificate of merit within one year of injury since his suit concerned trip and fall liability rather than medical malpractice. Reversed.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: March 29, 2024, Case #: 2023-CA-0583-MR, Categories: Civil Procedure, Premises Liability
J. McNeill finds that the lower court improperly divided property in a dissolution of marriage by assessing the wife's savings account as marital property and dividing its balance evenly between the parties at the time of dissolution. Reversed in part.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: March 22, 2024, Case #: 2023-CA-0336-MR, Categories: Family Law
J. Cetrulo dismisses claims plaintiff brought after he was struck by a car while crossing the street in an area with no crosswalk. Plaintiff contends the county failed to install pedestrian crosswalks in the area in question despite determining such would be necessary, but the county's determination constituted only a recommendation. Meanwhile, failing to install such did not constitute negligence. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: March 22, 2024, Case #: 2023-CA-0439-MR, Categories: Transportation, Immunity, Negligence
J. Acree upholds the city commission’s decision to rezone a former country club to allow for residential development because adjacent homeowners waived their argument that the commission’s process did not comply with KRS 100.209 by failing to bring the claim before the planning commission. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: March 22, 2024, Case #: 2022-CA-0144-MR, Categories: Civil Procedure, Zoning
J. McNeill finds that a motion in which a judge and a party who filed an employment action sought an injunction was properly dismissed after the commonwealth eliminated Floyd Circuit Court Division II following the passage of House Bill 348 in 2018, which reduced the number of circuit judges in Floyd County from three to two. The parties lacked standing since they could not prove a possible future injury. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: March 22, 2024, Case #: 2023-CA-0039-MR, Categories: Civil Procedure, Employment, Judiciary
[Consolidated.] J. Lambert finds that a man was properly involuntarily committed to the Kentucky Correctional Psychiatric Center pursuant to Kentucky Revised Statutes Chapter 202C after he bludgeoned his caretaker to death in a schizophrenic episode. He was found incompetent to stand trial with no reasonable prospect for improvement and was a danger to himself and others. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Lambert, Filed On: March 15, 2024, Case #: 2022-CA-1016-MR, Categories: Commitment
J. McNeill finds that defendant was properly convicted of assault and violating a protective order for strangling his girlfriend. Evidence of prior domestic violence between the parties was relevant since it showed that defendant violated the prior no-contact order, and it did not influence the outcome of defendant's assault conviction. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: March 15, 2024, Case #: 2022-CA-1363-MR, Categories: Assault, Domestic Violence
J. Acree finds that the board of education was properly granted summary judgment in a student's claims that he had been battered by a security officer. The student attempted to leave school while intoxicated and was legally restrained by the officer and a coach while screaming and resisting the restraint. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: March 1, 2024, Case #: 2021-CA-1311-MR, Categories: Education, Immunity, Negligence
[Consolidated.] J. Eckerle finds that claims should be dismissed in contending the legislative research commission violated the state constitution by challenging house bill 334, which terminated the unexpired terms of current members and altered the composition of the executive branch ethics commission, as the legislative research commission was entitled to immunity. Reversed.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: March 1, 2024, Case #: 2022-CA-0837-MR, Categories: Constitution, Government, Immunity
J. Lambert finds that defendant was properly denied an application to vacate and expunge his felony conviction for murdering his parents after he received a commutation and full gubernatorial pardon of his life sentence in 2019 because the public has a right to know of the execution-style murder defendant admitted committing during trial. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Lambert, Filed On: March 1, 2024, Case #: 2022-CA-0368-MR, Categories: Murder
J. Clay finds that the lower court properly declined to suppress evidence in defendant's trial on charges of being a felon in possession of a handgun and drug charges because defendant was legally pulled over for failing to signal, and a K-9 officer identified drugs in defendant's vehicle after the officer legitimately prolonged the stop due to defendant's activity in front of known drug house. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Karem, Filed On: February 23, 2024, Case #: 2023-CA-0105-MR, Categories: Drug Offender, Search
J. McNeill finds that the director of public works was improperly denied summary judgment based on immunity in claims brought after plaintiff tripped and fell on a public sidewalk because the director had no connection to the day-to-day workings of the subdivision tasked with repairing sidewalks. Reversed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: February 9, 2024, Case #: 2023-CA-0110-MR, Categories: Immunity, Negligence
J. Easton finds that the lower court improperly ruled for a police chief and the city legal advisor in defamation claims brought after a political candidate publicly accused them of racism and sexism because the candidate's statements constituted opinion. Reversed in part.
Court: Kentucky Court Of Appeals, Judge: Easton, Filed On: February 9, 2024, Case #: 2022-CA-1283-MR, Categories: Defamation
J. Caldwell finds for a car dealership accused of taking illegal wage deductions from a salesman because less-than-glowing customer service surveys, failed mystery shopper assessments, and low conversion rates on potential trade-in deals constituted agreed-upon considerations in determining compensation. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: February 9, 2024, Case #: 2022-CA-1371-MR, Categories: Employment
[Consolidated.] J. Goodwine finds that plaintiff, a family services office supervisor, was improperly awarded $2 million in whistleblower claims brought after he filed reports contending cases had been seriously mismanaged and that his supervisor lied about her case management notes. Plaintiff did not suffer physical or economic harm, and thus he had been awarded excessive punitive damages. Reversed in part.
Court: Kentucky Court Of Appeals, Judge: Goodwine, Filed On: January 26, 2024, Case #: 2022-CA-0935-MR, Categories: Damages, Employment Discrimination, Whistleblowers
[Consolidated.] J. Easton finds that a business owner was improperly awarded attorney fees after the partnership in which he purchased and resold properties had soured because the contract did not expressly provide attorney fees, and the record was insufficient to consider the claim. Reversed.
Court: Kentucky Court Of Appeals, Judge: Easton, Filed On: December 8, 2023, Case #: 2022-CA-1261-MR, Categories: Attorney Fees, Contract
J. Cetrulo finds that defendant was properly convicted of criminal mischief after violating a domestic violence order by breaking into the marital home and destroying a significant amount of property therein. Defendant admitted he had destroyed the property after his wife and police found him inside the home asleep, with a baseball bat next to him. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: December 8, 2023, Case #: 2022-CA-1356-MR, Categories: Domestic Violence