The oral argument scheduled for 1:30 p.m. EST Wednesday, Feb. 11, was canceled. This news release has been updated to reflect the change.
FRANKFORT, Ky., Feb. 3, 2026 – To educate more people about the courts, the Supreme Court of Kentucky will hear its February oral arguments at the University of Louisville Louis D. Brandeis School of Law, outside its traditional Frankfort setting. The justices will hear cases Wednesday and Thursday, Feb. 11-12, in Breit Courtroom at Wilson Wyatt Hall. Proceedings are open to the public.
For those not able to attend in person, proceedings will be available via a livestream and recording at ket.org/supremecourt.
The justices normally hear arguments in the historic Supreme Court Courtroom at the Capitol, but it closed in August 2025 for a multiyear renovation. During the closure, the court is hearing arguments in other locations to give more people – students, especially – the opportunity to observe its work. The court has heard arguments in Danville at Centre College and in Lexington at the University of Kentucky J. David Rosenberg College of Law and the Robert F. Stephens Circuit Courthouse. See the court’s oral argument schedules by month at https://kcoj.info/SupremeCourt.
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, FEB. 11, 2026
10:15 a.m. EST
SGT. KEVIN BURTON, ET AL. V. KENTUCKY STATE POLICE/COMMONWEALTH OF KENTUCKY
(2024-SC-0309-DG)
Access links to case briefs and attorney names at https://kcoj.info/SCFeb2026.
Kentucky Whistleblower Act. Jury Instructions. Preservation. Waiver. CR 51(3). Issues include whether Kentucky State Police waived its objection to the jury instructions by stating that it had no objection to the final version of the jury instructions, or whether it preserved its objection by tendering prima facie case instructions that differed from the final version.
Discretionary Review Granted: February 13, 2025
Trial Court(s): Franklin Circuit Court
Presiding Judge(s): Hon. Thomas Wingate
11:30 a.m. EST
HMB PROFESSIONAL ENGINEERS, INC., ET AL. V. KRISTINA L. IVES, INDIVIDUALLY, ET AL.
(2024-SC-0284-DG)
HDR ENGINEERING, INC., ET AL. V. KRISTINA L. IVES, INDIVIDUALLY, ET AL.
(2024-SC-0289-DG)
WSP USA INC., ET AL. V. KRISTINA IVES, INDIVIDUALLY, ET AL.
(2024-SC-0291-DG)
HMB PROFESSIONAL ENGINEERS, INC., ET AL. V. JENNINGS L. COPLEY, ET AL.
(2024-SC-0295-DG)
Access links to case briefs and attorney names at https://kcoj.info/SCFeb2026.
Torts. Negligence. Automobile Accident. Highway Design. National Highway System. Issues include whether remedies otherwise available pursuant to Kentucky tort law are preempted by federal laws concerning highway design.
Discretionary Review Granted: December 12, 2024
Trial Court(s): Fayette Circuit Court
Presiding Judge(s): Hon. Kimberly Bunnell
THURSDAY, FEB. 12, 2026
10 a.m. EST
KING-CRETE DRILLING, INC. V. WHITLEY COUNTY FISCAL COURT, ET AL.
(2024-SC-0232-DG)
Access links to case briefs and attorney names at https://kcoj.info/SCFeb2026.
Contracts. Sovereign Immunity. Breach of Contract. Counties. Statutory Waiver. KRS 45A.245(1). Issues include whether: (1) counties enjoy sovereign immunity from suits for breach of contract; or (2) such immunity has been waived.
Goodwine, J., not sitting.
Discretionary Review Granted: December 12, 2024
Trial Court(s): Whitley Circuit Court
Presiding Judge(s): Hon. Dan Ballou
11:30 a.m. EST
DIAGNOSTIC X-RAY PHYSICIANS, PSC (DXP), ET AL. V. DEBORAH LLOYD, ET AL.
(2024-SC-0216-DG)
SHEILA SLONE KCSA V. DEBORAH LLOYD, ET AL.
(2024-SC-0224-DG)
Access links to case briefs and attorney names at https://kcoj.info/SCFeb2026.
Medical Malpractice. Retained Foreign Objects. Expert Testimony. Standard of Care. Res Ipsa Loquitur Doctrine. Summary Judgment. Issues include (1) whether a medical expert must know and establish the applicable standard of care to survive summary judgment and (2) whether the plaintiff was required to present expert testimony based on the res ipsa loquitor doctrine and its two exceptions to the expert witness requirement.
Goodwine, J., not sitting.
Discretionary Review Granted: October 16, 2024
Trial Court(s): Jefferson Circuit Court
Presiding Judge(s): Hon. Tracy E. Davis
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