Supreme Court of Kentucky to hear arguments by videoconference May 20-22

FRANKFORT, Ky., May 19, 2020 – The Supreme Court of Kentucky will hear oral arguments by videoconference May 20-22 in civil cases on appeal from Fayette, Jefferson and Kenton counties. The justices are hearing arguments remotely to observe social distancing during the COVID-19 pandemic.

The public may watch arguments via a livestream on the KET website, as usual. Proceedings are also available to watch later at the link.

The court heard arguments via videoconference for the first time in history in April.

Visit COVID-19 and the Courts for ongoing updates on how the state court system is handling the pandemic.

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.

Oral Arguments

WEDNESDAY, MAY 20, 2020
10 a.m. ET
2018-SC-191-DG, 2018-SC-440-DG
CSX TRANSPORTATION, INC V. LARRY M. BOGGS

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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: Evan Tager, Rodney Dale Payne
Attorneys for Appellee: Allen K. Gruner, Alva A. Hollon, Jr.

NICKELL, J., NOT SITTING.

THURSDAY, MAY 21, 2020
10 a.m. ET
2019-SC-000064-DG
BARNETT V. CENTRAL KENTUCKY HAULING

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Kentucky 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.

FRIDAY, MAY 22, 2020
10 a.m. ET
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.

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