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Supreme Court of Kentucky to hear arguments Feb. 13-15 in Frankfort

Wednesday, 02 06, 2013

Susan Stokley Clary
Supreme Court Clerk
502-564-5444
susanc@kycourts.net
http://courts.ky.gov

FRANKFORT, Ky. -- The Supreme Court of Kentucky will convene Wednesday-Friday, Feb. 13-15, in Frankfort to hear oral arguments in cases that originated in Bullitt, Daviess, Fayette, Jefferson, Mercer, Pulaski and Warren counties. Proceedings are open to the public and will take place in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave.

The public may also observe oral arguments via the Supreme Court live stream on the Kentucky Court of Justice website. Oral arguments are available online as they occur in real time and are not available as archives.

The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices (bios) sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.

WEDNESDAY, FEB. 13, 2013

10 AM            
2011-SC-550-DG
GARCIA, ETC. V. WHITAKER

Summary: “Abuse of Process. KRS 376.270. Issues include whether a claim for abuse of process was properly dismissed, and whether such a claim can defeat the mechanics’ lien created by KRS 376.270.”

BRIEFS (PDF - 67.64KB)

Discretionary Review granted 5-16-2012
Pulaski Circuit Court, Judge Jeffrey Thomas Burdette

Attorneys for Appellant: David Ora Smith and Marcia A. Smith
Attorney for Appellee: Nicholas C. A. Vaughn

11 AM            
2011-SC-784-DG
WESTERN KENTUCKY COCA-COLA BOTTLING COMPANY, INC. V. RUNYON, ET AL.

Summary: “Unemployment Benefits. Civil Procedure. Issues include whether the Unemployment Insurance Commission abused its discretion by reversing a decision of a referee which denied benefits to an individual who had been dismissed from his prior job.”

BRIEFS (PDF - 67.64KB)

Discretionary Review granted 9-12-2012
Warren Circuit Court, Judge Steve Alan Wilson

Attorneys for Appellant: Frank Hampton Moore, Jr. and Matthew Porter Cook
Attorney for Appellees: Amy F. Howard

THURSDAY, FEB. 14, 2013

9 AM
2011-SC-587-DG    
PANNELL V. SHANNON, ET AL.

Summary: “Contract Law. Corporations. Issues include whether an individual or an administratively dissolved LLC is responsible for damages arising from the breach of a lease agreement.”

BRIEFS (PDF - 67.64KB)

Discretionary Review granted 8-15-2012
Fayette Circuit Court, Judge Kimberly N. Bunnell

Attorneys for Appellant: Carroll Morris Redford III, Susan Yuk Wo Chun and Michelle Lynn Hurley
Attorneys for Appellees: Dan M. Rose, Hanly Acton Ingram and Christopher L. Thacker

10 AM            
2012-SC-026-DG
BELL V. BELL

Summary: “Family Law. Child Support. KRS 403.212. Issue is whether a non-custodial parent may deduct unreimbursed business expenses to arrive at income for the purpose of determining the child support obligation pursuant to KRS 403.212.”

BRIEFS (PDF - 67.64KB)

Discretionary Review granted 8-15-2012
Mercer Circuit Court, Judge Douglas Bruce Petrie

Attorney for Appellant: William R. Erwin
Attorney for Appellee: John Wesley Oakley II

11 AM            
2011-SC-462-DG
ENERGY HOME, ETC. V. PEAY, ET AL.

Summary: “Arbitration. Contract Law. Issues include whether a “merger and integration clause” in a purchase agreement barred the parties from entering into a later warranty and arbitration agreement and whether an adhesion contract is automatically unconscionable.”

BRIEFS (PDF - 67.64KB)

Discretionary Review granted 8-15-2012
Daviess Circuit Court, Judge Thomas O. Castlen

Attorneys for Appellant: Larry Colby Deener and Elizabeth Anna Deener
Attorney for Appellees: Zack N. Womack

FRIDAY, FEB. 15, 2013

9 AM
2011-SC-692-DG
PETE, ET AL. V. ANDERSON, ET AL.

Summary: “Tort Law. Standing. Attorney Malpractice. Issues include whether the beneficiaries of an estate have standing to sue an attorney for negligently prosecuting a wrongful death claim brought by the executrix of the estate.”

BRIEFS (PDF - 67.64KB)

Discretionary Review granted 8-15-2012
Jefferson Circuit Court, Judge Olu Alfredo Stevens

Attorneys for Appellants: Scott Allen Davidson and James David Ballinger
Attorneys for Appellees: David Bradley Mour and Zachary Leroy Taylor

10 AM                      
2011-SC-756-DG
PEARCE V. UNIVERSITY OF LOUISVILLE, ETC.

Summary: “Police Officer Bill of Rights. KRS 15.520. Do the statutory due process protections provided by KRS 15.520 apply generally to police disciplinary proceedings or only if such proceedings are commenced after citizens register complaints?”

BRIEFS (PDF - 67.64KB)

Discretionary Review granted 8-15-2012
Jefferson Circuit Court, Judge Irvin G. Maze

Attorneys for Appellant: David Lindsay Leightty and Benjamin S. Basil
Attorneys for Appellee: Craig Christman Dilger and Jeffrey August Calabrese

11 AM                      
2012-SC-104-DG
HILL V. CITY OF MT. WASHINGTON

Summary: “Police Officer Bill of Rights. KRS 15.520. Do the statutory due process protections provided by KRS 15.520 apply generally to police disciplinary proceedings or only if such proceedings are commenced after citizens register complaints?”

BRIEFS (PDF - 67.64KB)

Discretionary Review granted 9-12-2012
Bullitt Circuit Court, Judge Rodney D. Burress

Attorney for Appellant: David Duane Fuller
Attorneys for Appellee: Norman Richard Lemme, Patsey Ely Jacobs, Charles David Cole and Derrick Thomas Wright