FRANKFORT, Ky., Feb. 11, 2022 – The Supreme Court of Kentucky will hear oral arguments Wednesday-Thursday, Feb. 16-17, in civil cases on appeal from Clark and Jefferson counties. Proceedings are open to the public and will take place in the Supreme Court Courtroom on the second floor of the Capitol in Frankfort.
Watch arguments as they happen via a livestream here. To watch proceedings later, click here.
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, FEBRUARY 16, 2022
10 a.m.
COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES EX REL. CHILD SUPPORT ENFORCEMENT V. B.N.T., ET AL. (2021-SC-0287-DGE)
Civil Procedure. CR 60.02. Child Support and Paternity. Issues involve application of multiple sections of CR 60.02 to an attempt to modify an agreed judgment regarding lack of paternity.
Case briefs
Discretionary Review Granted: 10/20/2021
Clark Circuit Court, Special Judge Lisa Hart Morgan
Counsel for Appellant: William D. Elkins
Counsel for Appellee, B.N.T.: Anita Britton
11 a.m.
PRIMAL VANTAGE COMPANY, INC. V. KEVIN O’BRYAN, ET AL. (2020-SC-0247-DG)
KEVIN O’BRYAN V. PRIMAL VANTAGE COMPANY, INC., ET AL. (2021-SC-0064-DG)
SANTÉ O’BRYAN V. PRIMAL VANTAGE COMPANY, INC., ET AL. (2021-SC-0065-DG)
Tort Law. Products Liability. Apportionment of Fault. Immunity. Loss of Consortium. Issues include: (1) whether the instruction on apportionment of fault should have included the owner of the ladder stand that collapsed, who was immune from suit under KRS 150.645; and (2) whether the instructions for loss of consortium should have expressly prohibited the jury from awarding damages for the time period after the spouse and the injured party divorced.
Case briefs
Discretionary Review Granted: 2/09/21
Cross-Discretionary Review Granted: 4/20/21
Jefferson Circuit Court, Judge A.C. McKay Chauvin
Counsel for Appellant/Cross-Appellee, Primal Vantage Company, Inc.: Casey Wood Hensley, Griffin Terry Sumner & Milton S. Karfis
Counsel for Appellee/Cross-Appellant, Kevin O’Bryan: Ann B. Oldfather & R. Sean Deskins
Counsel for Appellee-Cross-Appellant, Santé O’Bryan: Paul A. Casi, II & Jeff W. Adamson
Counsel for Appellee/Cross-Appellee, Dennis I. Martin and Margaret M. Martin: Diane M. Laughlin & Emily C. Lamb
THURSDAY, FEBRUARY 17, 2022
10 a.m.
FRED DEVON FRIEDMANN, INDIVIDUALLY AND AS A MEMBER OF THE TAX RECALL PETITION COMMITTEE, ET AL. V. JEFFERSON COUNTY BOARD OF EDUCATION, ET AL. (2020-SC-0569-T)
BOBBIE HOLSCLAW, IN HER OFFICIAL CAPACITY AS JEFFERSON COUNTY CLERK V. JEFFERSON COUNTY BOARD OF EDUCATION, ET AL. (2020-SC-0571-T)
Consideration of whether the recall petition for Jefferson County School Board’s property tax assessment increase was properly certified in accordance with Kentucky law.
Case briefs
Transfer Granted: 4/29/2021
Jefferson Circuit Court, Judge Brian C. Edwards
Counsel for Appellant, Tax Recall Petition Committee: Patrick F. Graney Counsel for Appellant, Bobbie Holsclaw: Laurence J. Zielke & Janice M. Theriot
Counsel for Appellee, Jefferson County School Board: Virginia Hamilton Snell, Byron E. Lee, C. Tyson Gorman & Thomas E. Travis
Counsel for Appellee, Jefferson County Teachers Association: David Tachau, Katherine Lacy Crosby & Kristin E. McCall
###