UPDATE: The Supreme Court has canceled March oral arguments. Arguments may be rescheduled for April. For more information about how the court system is addressing the COVID-19 pandemic, visit COVID-19 and the Courts.
FRANKFORT, Ky., March 12, 2020 – The Supreme Court of Kentucky will hear oral arguments in civil cases on appeal from Fayette, Jefferson, Kenton and Woodford counties when it convenes March 18-20 in Frankfort. Proceedings will take place in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capital Ave. in Frankfort.
While Supreme Court proceedings are normally open for the public to observe in person, the court will not seat an audience for the March 18-20 oral arguments. This is to observe calls for social distancing during the COVID-19 pandemic. The public may watch oral arguments via a Supreme Court livestream and a KET livestream. KET will also broadcast proceedings on its KY Channel, which is available in most of the state. Watch arguments later on 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, MARCH 18, 2020
9 a.m.
2018-SC-191-DG, 2018-SC-440-DG
CSX TRANSPORTATION, INC V. LARRY M. BOGGS
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FELA. Jury Instructions. Directed Verdict. Statute of Limitations. On the original motion for discretionary review, the issue was what is the proper instruction by which a jury should determine when the claimant in an FELA case knew or should have known that their injury was caused by their work. A second issue is whether an FELA claimant may recover for a worsening condition if a claim for the original injury is barred by the three-year statute of limitations. On this cross-motion for discretionary review, the issue is whether the claimant should have been entitled to a directed verdict at the close of the evidence regarding when he knew that his work activities had caused his physical complaints. A second issue was whether the trial court should have granted the claimant’s motion in limine regarding the railroad’s opposing argument in the damage phase of the trial, namely, that the railroad had not caused the claimant’s injuries.
Discretionary Review granted 8/8/18
Jefferson Circuit Court, Judge Charles L. Cunningham
Attorney for Appellant: Rodney Dale Payne
Attorneys for Appellee: Allen K. Gruner, Alva A. Hollon, Jr.
NICKELL, J., NOT SITTING.
10 a.m.
2019-SC-16-DG
LP LOUISVILLE EAST, LLC V. PATTON, ADMINISTRATOR
2019-SC-211-DG
PATTON, ADMINISTRATOR V. LP LOUISVILLE EAST, LLC
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Power of Attorney. Arbitration. Wrongful Death. On the motion for discretionary review, the issue is whether an attorney-in-fact may sign an arbitration agreement, which by its terms purported to bind wrongful death beneficiaries. On the cross-motion, the issue is whether the arbitration agreement signed by the attorney-in-fact both as a personal representative and individually, is enforceable, absent consideration, so as to require him to submit his personal wrongful death claim to arbitration, and whether that arbitration must take place prior to any further proceedings in the circuit court.
Discretionary Review granted 4/11/2019
Jefferson Circuit Court, Judge Mary M. Shaw
Attorneys for Appellant: John David Dyche, Leigh Vandiver Graves
Attorneys for Appellee: Vanessa B. Cantley, Patrick E. Markey
NICKELL, J., NOT SITTING.
THURSDAY, MARCH 19, 2020
9 a.m.
2018-SC-00677-DG
KENTON COUNTY BOARD OF ADJUSTMENT, ET AL.V. IAN MEITZEN, ET AL.
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Issues involve a jurisdictional dispute arising from failure to assert “injured or aggrieved” status in an attempted appeal from final action of a board of adjustment to circuit court.
Discretionary Review granted 6/5/19
Kenton Circuit Court, Judge Kathy Lape
Attorneys for Appellant: Garry L. Edmonson, Thomas R. Neinaber
Attorneys for Appellee: Sherill P. Hondorf, Donald L. Nageleisen, Thomas L. Rouse, Virginia Dupont
LAMBERT, J., NOT SITTING.
10 a.m.
2019-SC-000064-DG
BARNETT V. CENTRAL KENTUCKY HAULING
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Civil Rights Act. The issue is whether the KCRA provides a claim for relief for individuals due to their association with a person with disabilities.
Discretionary Review granted 6/5/19
Fayette Circuit Court, Judge James D. Ishmael, Jr.
Attorneys for Appellant: Soha Tajoddin Saiyed, Paul Stewart Abney, Kelly Marie Parry, Jeremiah Wesley Reece
Attorneys for Appellee: Robert E. Maclin III, Jaron Paul Blandford, Elizabeth Chestnut Barrera
LAMBERT, J., NOT SITTING.
11 a.m.
2018-SC-359-DG, 2019-SC-158-DG
A.H., ET AL.V. LOUISVILLE METRO GOVERNMENT, ET AL.
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Jails. Statutory Duties. Consolidated Government. Immunity. Issues include whether the estate of a deceased inmate can recover from Metro Government or the director of Metro Corrections for violation of KRS 71.040, which requires jailers to treat inmates humanely.
Discretionary Review granted 3/6/19, 6/5/19 (Cross-motion granted)
Jefferson Circuit Court, Judge Brian C. Edwards
Attorneys for Appellant: Andrew J. Horne
Attorneys for Appellee: Ivan Joel Frockt, Michael J. O’Connell, David Sean Ragland
FRIDAY, MARCH 20, 2020
9 a.m.
2018-SC-000657-DG
FRANK LASSITER V. WILLIAM M. LANDRUM, III, SECRETARY OF THE FINANCE AND ADMINISTRATION CABINET
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Contracts. Model Procurement Code. Subpoena Power. The issue is whether the Secretary of the Finance and Administration Cabinet has the authority to issue a subpoena to a former state employee, who later became an independent contractor/consultant for a contractor providing fraud detection service while investigating whether the renewal of the contracts for the services violate the Model Procurement Code.
Discretionary Review granted 4/11/19
Woodford Circuit Court, Judge Paul F. Isaacs
Attorneys for Appellant: J. Guthrie True
Attorneys for Appellee: Hiren B. Desai, Nicholas Joseph Pieczonka, Jackie M. Bennett, Jr., Phillip D. Williamson, William C. Wagner, Aaron M. Herzig
10 a.m.
2019-SC-379-DGE
GREENE V. BOYD
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Family Law. Friend of the Court. Expert Testimony. Hearsay. The issues here relate to the use of a “friend of the court” (FOC) to obtain information and the extent to which they may testify, specifically whether they may qualify as experts to provide opinion testimony and/or may testify as to hearsay or provide written reports containing hearsay.
Oldham Circuit Court, Judge Doreen S. Goodwin
Attorneys for Appellant: Allison Spencer Russell
Attorneys for Appellee: James Kennedy Murphy