10 results for 'judge:"McNeill"'.
[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. 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. 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. 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
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
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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. McNeill finds that the circuit court improperly dismissed defendant's indictment for trafficking in a controlled substance based on a search warrant uncovering methamphetamine and fentanyl that had been obtained after defendant called 911 to report an overdose because the medical amnesty statute only exempts defendants for possessing controlled substances, not for trafficking. Reversed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: October 20, 2023, Case #: 2022-CA-1054-MR, Categories: Drug Offender
[Consolidated.] J. McNeill finds that defendant was properly convicted of four counts of first-degree bail jumping and sentenced to 10 years of imprisonment. Defendant contends that multiple bail jumping convictions based on a single missed court appearance violated double jeopardy, but the unit of prosecution is each charge for which a defendant fails to appear, not the number of missed court appearances. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: June 2, 2023, Case #: 2021-CA-0490-MR, Categories: Sentencing, Double Jeopardy, Bail