23 results for 'judge:"Caldwell"'.
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. Caldwell rules in part for city and police defendants in civil rights and negligence claims contending plaintiff had been misdiagnosed as overdosing on drugs after collapsing at work. Upon being discharged in a delirious state, plaintiff was arrested for trespassing at the hospital, but evidence does not indicate the city or officers either conspired to harm plaintiff or defamed him.
Court: USDC Eastern District of Kentucky, Judge: Caldwell, Filed On: March 12, 2024, Case #: 3:22cv52, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Defamation
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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
J. Caldwell finds that the power company was properly granted summary judgment after a tree trimmer was electrocuted while working away from its right of way. The company was entitled to up-the-ladder immunity since trimming branches away from power lines furthers public safety and prevents outages, and law requires such. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: November 3, 2023, Case #: 2022-CA-1200-MR, Categories: Immunity, Wrongful Death
J. Caldwell finds that defendant was improperly convicted of committing first-degree manslaughter while under an extreme emotional disturbance for accidentally shooting her boyfriend after he repeatedly beat her to unconsciousness, forced her to provide sexual services to drug dealers in exchange for crack, and ordered her to slit the throat of a woman he was raping, well qualifying her for a domestic violence exemption to the violent
offender statute. Reversed.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: June 23, 2023, Case #: 2021-CA-1349-MR, Categories: Domestic Violence, Manslaughter
J. Caldwell finds that the family court properly refused to dismiss a domestic violence order against the victim's former boyfriend despite the victim's wishes based on the boyfriend's "physical aggression" that "resulted in bruising...and property damage," and because he stalked her and shot a gun into her home, in which their child resided. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: June 23, 2023, Case #: 2022-CA-1435-ME, Categories: Domestic Violence, Restraining Order
J. Caldwell finds that the lower court improperly denied a father visitation with his children for at least three months because even though the father had been accused of domestic violence, the court failed to prove the serious endangerment standard had been met.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: June 2, 2023, Case #: 2022-CA-0422-MR, Categories: Family Law
J. Caldwell finds that a stepfather was improperly permitted to adopt his stepson because the lower court did not utilize the constitutionally mandated clear and convincing evidence standard in terminating the biological father's parental rights.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: May 19, 2023, Case #: 2022-CA-1055-ME, Categories: Family Law