FRANKFORT, Ky., Feb. 11, 2020 – The Supreme Court of Kentucky will hear oral arguments in civil cases on appeal from Franklin, Hopkins, Jefferson and McLean counties when it convenes Wednesday and Thursday in Frankfort. 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 Capital Ave. in Frankfort.
The public may also observe oral arguments via the Supreme Court livestream on the Kentucky Court of Justice website. In addition, the Supreme Court has partnered with KET to livestream the proceedings on KET’s website and to broadcast them on KET’s KY Channel, which is available in most of the state. To view arguments later, visit the Supreme Court section of KET’s website.
The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices 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. 12, 2020
10 a.m.
2017-SC-000258-DG (CIVIL)
EDWARD ELDER V. KENTUCKY RETIREMENT SYSTEMS
View case briefs
“Disability Retirement Benefits. Preexisting Conditions. Genetic Disorders. Issues include: (1) whether the disability claimant’s genetic blood disorder predated his membership in the Kentucky Retirement Systems; and (2) whether KRS provided the disability claimant with sufficient opportunity to supplement his evidence with pre-employment medical records following KRS’s order remanding the case to the hearing officer for further consideration in light of Kentucky Retirement Systems v. West, 413 S.W.3d 578 (Ky. 2013).”
Discretionary Review Granted 4/11/19
Franklin Circuit Court, Judge Thomas Wingate
Attorney for Appellant: Donna Thornton-Green
Attorney for Appellee: Anne Caroline Bass
11 a.m.
2018-SC-000610-DG
DEPARTMENT FOR COMMUNITY BASED SERVICES, CABINET FOR HEALTH AND FAMILY SERVICES V. REBECCA BAKER
View case briefs
“KRS 600.020(1)(h). Exercise of Custodial Control or Supervision of a Child. KRS 532.045. Person in a Position of Authority or Special Trust. The issue in this case is whether the Movant was a person defined by the statute as having custodial control or supervision of a child to justify an investigation and sanctions against her. In the alternative, was the Movant a person in a position of authority or special trust under KRS 532.045 sufficient to justify an investigation where another child is allegedly abusive to children under her care and/or supervision.”
Discretionary Review granted 3/6/2019
McLean Circuit Court, Judge Brian Wiggins
Attorneys for Appellant: Kristina Abel Fulkerson, Matthew Kleinert, Mona Sabie Womack and Tiffany Lorraine Yahr
Attorney for Appellee: Daniel Joseph Sherman, Jr.
THURSDAY, FEB. 13, 2020
9 a.m.
2018-SC-000538-DG
SEILLER WATERMAN, LLC, ET AL. V. RLB PROPERTIES, LTD.
2018-SC-000558-DG
RLB PROPERTIES, LTD. V. SEILLER WATERMAN, LLC, ET AL.
View case briefs
“Cause of Action. Professional Malpractice. Negligence. Statute of Limitations. Malice. Whether a negligence claim may be brought by a party to a prior lawsuit against the attorney for the opposing party when the suit was a frivolous claim and an unlawful lien was filed in favor of the opposing party. Whether the one-year statute of limitations for professional negligence is extended to five years when there is evidence of malice.”
Discretionary Review granted 2/7/19
Jefferson Circuit Court, Judge Audra Jean Eckerle
Attorney for Seiller Waterman, LLC, Pamela M. Greenwell, Gordon C. Rose and Paul J. Hershberg: James Patrick Grohmann
Attorneys for RLB Properties, LTD: David Bradley Mourand Joshua D. Farley
10 a.m.
2019-SC-000048-DG
JASSICA SNEED V. UNIVERSITY OF LOUISVILLE HOSPITAL, ET AL.
View case briefs
“Medical Malpractice. Summary Judgment. Statute of Limitations. Continuous Treatment Rule. Ostensible Agency. The issue is whether the “continuous treatment” rule tolls the statute of limitations only for the period of treatment by the physician who was allegedly negligent, or whether it may be extended for the period of treatment by other physicians in the same practice group as the allegedly negligent physician. A second issue is whether the trial court erred in concluding that the allegedly negligent treating physicians were not ostensible agents of the hospital.”
Discretionary Review granted 4/11/2019
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman
Attorney for Appellant: Nader George Shunnarah
Attorneys for Appellees: Daniel Garland Brown, David Bryan Gazak and Madeline Moss
11 a.m.
2018-SC-000290-DG
SEAN M. MAGUIRE, M.D. V. JAMES WILLIAM CROOK
View case briefs
“Emotional Distress Damages. Issues involve whether expert medical testimony is required to present a jury question of entitlement to emotional distress damages for a “stand-alone” claim of statutory violation addressed in KRS 411.120, specifically alleging victimization of identity theft proscribed by KRS 514.160.”
Discretionary Review granted 10/25/2018
Hopkins Circuit Court, Judge Brian Wiggins
Attorneys for Appellant: John Wm (Bill) Graves, Thomas Lee Osborne, Ronald Sheffer, Joseph Philip Mankovich and Jackie Clowers
Attorneys for Appellee: Kevin Crosby Burke, J Todd P’Pool, Jamie Kristin Neal and Karey Lenee’ Roy
NICKELL, J., NOT SITTING.