Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments Feb. 11-13 in Frankfort

Press Release Date:  Thursday, February 05, 2015  
Contact Information:  Susan Stokley Clary
Supreme Court Clerk
502-564-5444
susanc@kycourts.net
http://courts.ky.gov
 


FRANKFORT, Ky. -- The Supreme Court of Kentucky will hear oral arguments in cases that originated in Fayette, Hardin, Harlan, Jefferson, Kenton, Lee and Woodford counties when it convenes Feb. 11-13 in Frankfort. The justices will also hear a question of law from a federal court. Proceedings are open to the public and will take place at 9, 10 and 11 a.m. EST each day in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave. in Frankfort.

The public may also observe oral arguments via the Supreme Court live stream on the Kentucky Court of Justice website. Oral arguments are available online as they occur in real time and are not available as archives.

The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices (bios) 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.

View case briefs for the cases the court will hear.

WEDNESDAY, FEB. 11, 2015
9 AM EST
2013-SC-000653-DG
BRIDGETTE WRIGHT V. ECOLAB, INC., ET AL

Summary: Appellate Procedure. Issues involve whether a premature notice of appeal from an interlocutory decision not containing the necessary CR 54.02 recitations of finality can be salvaged by the “relation forward” rule or entry of a nunc pro tunc order adding the CR 54.02 recitations.

Discretionary Review granted 6-11-14
Kenton Circuit Court, Judge Patricia M. Summe

Attorneys for Appellant: James Walden Morgan Jr. and Steven Russell Dowell
Attorneys for Appellees, ECOLAB, Inc., Medical Company, Inc. and OR Solutions, Inc.: Richard Simon Cleary, Griffin Terry Sumner and Kathleen Biggs Wright
Attorneys for Appellee, Russell A. Swigart: Jon Alig and Elizabeth A. Bellamy

10 AM EST
2013-SC-000108-DG
MARY BANKER, ET AL V. UNIVERSITY OF LOUISVILLE ATHLETIC ASSOCIATION, INC.

2013-SC-000778-DG (Cross Motion)
UNIVERSITY OF LOUISVILLE ATHLETIC ASSOCIATION, INC. V. MARY BANKER, ET AL

Summary: Employment Law. Retaliatory Discharge. Issues involve the sufficiency of the evidence of causation or pretext to support the jury verdict for the discharged plaintiff.

Discretionary Review granted 11-13-2013 and 02-12-2014 (Cross Motion)
Jefferson Circuit Court, Judge Charles Louis Cunningham Jr.

Attorney for Appellants/Cross-Appellees: Bryan Michael Cassis
Attorneys for Appellee/Cross-Appellant: Craig Christman Dilger and Jeffrey August Calabrese

11 AM EST
2013-SC-000555-DG
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY V. LONNIE DALE RIGGS

Summary: Contract. Automobile Insurance. Underinsured Motorist Coverage. Issues include whether an automobile insurance policy provision requiring underinsured motorist claims to be brought within the same time period as tort claims under the Motor Vehicle Reparations Act—two years from the date of the accident or last basic reparations payment, whichever is later—is valid and enforceable.

Discretionary Review granted 6-11-14
Hardin Circuit Court, Judge Ken Howard

Attorney for Appellant: David T. Klapheke
Attorney for Appellee: Timothy R. McCarthy

THURSDAY, FEB. 12, 2015
9 AM EST
2013-SC-000538-DG
RON CADLE, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF JANE CADLE, ET AL V. WILMA CORNETT, ET AL

Summary: Torts. Negligence. Causation. Superseding Cause. Issues include whether Kentucky's acceptance of the law of comparative fault has changed the effect of the doctrine of superseding cause, and if so, to what extent.

Discretionary Review granted 6-11-14
Jefferson Circuit Court, Judge James M. Shake

Attorneys for Appellants: Joseph Charles Klausing and Benjamin Joseph Weigel
Attorney for Appellee, Wilma Cornett: James Dilbeck Jr.
Attorney for Appellee, Allstate Insurance Company: William Clifton Travis

10 AM EST
2013-SC-000608-DG
JAMES KIDD V. COMMONWEALTH OF KENTUCKY

Summary: Criminal Law. Probation Revocation. KRS 439.3106. Issues involve 2012 violation of a 2009 guilty plea probation condition that the defendant move out of Kentucky for five years.

Discretionary Review granted 4-9-14
Lee Circuit Court, Judge Thomas P. Jones

Attorney for Appellant: Brandon Neil Jewell
Attorney for Appellee: James Coleman Shackelford

11 AM EST
2013-SC-000254-DG
B.H., A CHILD UNDER EIGHTEEN V. COMMONWEALTH OF KENTUCKY

Summary: Criminal Law. Juvenile Law. Constitutional Law. Issues include whether KRS 510.140 is unconstitutional as applied when both the victim and the accused are under the age of consent and there is no proof of forcible compulsion, and whether KRS 531.335 may constitutionally be applied when both the accused and the victim are minors.

Discretionary Review granted 3-12-14
Woodford Circuit Court, Judge Robert G. Johnson

Attorney for Appellant: Jonathan Lee Wampler
Attorney for Appellee: Gregory C. Fuchs

FRIDAY, FEB. 13, 2015
9 AM EST
2013-SC-00497-DG
NOBE BAKER, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF JOANN BAKER, ET AL V. MAGNUM HUNTER PRODUCTION, INC.

Summary: Mineral Law. Oil and Gas. Issue is what is the correct definition in Kentucky law of "market value at the well" and what costs natural gas lessees may deduct when calculating the royalty to be paid to lessors.

Discretionary Review granted 6-11-14
Harlan Circuit Court, Judge James L. Bowling Jr.

Attorneys for Appellants: George E. Stigger III and John C. Whitfield
Attorneys for Appellee: Anne Adams Chesnut, Harry Don Callicotte and Richard Clayton Larkin

10 AM EST
2013-SC-000598-CL
APPALACHIAN LAND COMPANY V. EQT PRODUCTION COMPANY

Summary: Does Kentucky’s “at-the-well” rule allow a natural gas producer to deduct all severance taxes paid at market prior to calculating a contractual royalty payment based on “the market price of gas at the well,” or does the resource’s at-the-well price include a proportionate share of the severance taxes owed such that a processor may deduct only that portion of the severance taxes attributable to the gathering, compression and treatment of the resource prior to calculating the appropriate royalty payment?

Certification of Law granted 6-19-14
Federal Court, Judge Karen Nelson Moore

Attorneys for Appellant: George E. Stigger III, John C. Whitfield, and Deborah S. Hunt
Attorneys for Appellee: Gregory Lee Monge, Kimberly McCann, Keri E. Lucas and Christina Ditty Hajjar

Note: Justice Will T. Scott is recused.

11 AM EST
2013-SC-000681-DG
DAVID MILAM V. COMMONWEALTH OF KENTUCKY

Summary: Criminal Law. Warrantless Search. Issues include whether a fraternity house should be treated as a private residence or as an apartment building or hotel for purposes of searches and seizures.

Discretionary Review granted 4-9-14
Fayette Circuit Court, Judge James D. Ishmael Jr.

Attorneys for Appellant: Fred E. Peters and Rhey Denniston Mills
Attorney for Appellee: Kenneth Wayne Riggs