10 results for 'judge:"Cetrulo"'.
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
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. 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
J. Cetrulo finds that a bank was properly granted summary judgment in conversion claims contending a property owner's manager used money from her account for his own personal expenses because the owner twice signed powers of attorney authorizing the manager to open accounts and manage the business at his discretion. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: October 27, 2023, Case #: 2023-CA-0025-MR, Categories: Conversion, Banking / Lending
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J. Cetrulo finds that an order confirming a property sale was valid even after the buyers learned the deed misidentified a neighboring lot because the mistaken identification could have easily been ascertained as a matter of public record.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: October 13, 2023, Case #: 2022-CA-1416-MR, Categories: Property