Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments March 25-27 in Frankfort

Press Release Date:  Monday, March 23, 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 Floyd, Graves, Jefferson, Jessamine, Mercer, Pike and Webster counties when it convenes March 25-27 in Frankfort. 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, MARCH 25, 2015
9 AM
2013-SC-000425-DG
TAMMY DILLARD V. COMMONWEALTH OF KENTUCKY

Summary: “Failure of owner to maintain required insurance. KRS 304.39-080. Conditional Guilty Plea. Restitution. Appeal.”

Discretionary Review granted 6-11-14
Jefferson Circuit Court, Judge Frederic J. Cowan

Attorneys for Appellant: Daniel T. Goyette and Bruce P. Hackett
Attorneys for Appellee: Michael J. O’Connell and David A. Sexton

10 AM
2013-SC-000560-DG
SHEILA PATTON, AS ADMINISTRATRIX OF THE ESTATE OF STEPHEN LAWRENCE PATTON V. DAVIDA BICKFORD, ET AL

Summary: “Torts. Negligence. Causation. Qualified Immunity. Issues include whether summary judgment was properly granted based on qualified immunity of school officials and whether suicide is a superseding cause which extinguishes tort liability.”

Discretionary Review granted 6-11-14
Floyd Circuit Court, Judge John David Caudill

Attorneys for Appellant: Vanessa B. Cantley and Megan Reese U’Sellis
Attorneys for Bickford, Fanning and Fentress: Michael J. Schmitt and Jonathan C. Shaw
Attorneys for Hall, Mullins, Handshoe and Nichols: Neal Smith and Todd P. Kennedy

11 AM
2013-SC-000531-DG
SHERMAN KEYSOR V. COMMONWEALTH OF KENTUCKY

Summary: “Criminal Law. Police Questioning of a Defendant Represented by Counsel on Other Charges. Issues involve the impact of Montejo v. Louisiana, 556 U.S. 778 (2009) (overruling Michigan v. Jackson, 475 U.S. 625 (1986)) upon Kentucky cases dating back to Linehan v. Commonwealth, 878 S.W.2d 8 (Ky. 1994).”

Discretionary Review granted 4-9-14
Graves Circuit Court, Judge Timothy C. Stark

Attorney for Appellant: Erin Hoffman Yang
Attorneys for Appellee: William Bryan Jones and Leilani K.M. Martin

THURSDAY, MARCH 26, 2015
9 AM
2013-SC-000830-DG
COMMONWEALTH OF KENTUCKY V. ADRIAN PARRISH

Summary: “Criminal Law. Evidence. KRS 189A.104. Brady v. Maryland, 373 U.S. 83 (1963). Issues include whether a police officer's failure to preserve evidence of the results of a Preliminary Breath Test (PBT) constituted a Brady violation, and the admissibility of a PBT below .08 as exculpatory evidence.”

Discretionary Review granted 9-10-14
Jessamine Circuit Court, Judge C. Hunter Daugherty

Attorney for Appellant: Anna Marie Roberts-Smith
Attorney for Appellee: David W. Thomas

10 AM
2013-SC-000742-DG
COMMONWEALTH OF KENTUCKY V. CHRISTOPHER DUNCAN

Summary: “Criminal Law. DUI. Issues include whether a police officer violated a DUI suspect’s Fourth Amendment rights when he only offered to give him a blood test to detect alcohol in his blood stream after he failed a series of field sobriety tests.”

Discretionary Review granted 4-9-14
Webster Circuit Court, Judge C. Rene Williams

Attorney for Appellant: Jeffrey Allan Cross
Attorney for Appellee: Amealia R. Zachary

11 AM
2014-SC-000168-MR
PURDUE PHARMA, L.P., INDIVIDUALLY, ET AL V. HON. STEVEN D. COMBS, JUDGE, PIKE CIRCUIT COURT, ET AL

Summary: “Writ of Prohibition. Discovery. Requests for Admissions deemed to be admitted.”

Pike Circuit Court, Judge Steven D. Combs

Attorneys for Appellants: John M. Famularo, Pamela T. May, Daniel Ernest Danford and Trevor Wayne Wells
Attorneys for Appellees: Michael Edward Brooks, C. David Johnstone, Wesley Warden Duke, Mitchel Terence Denham, Leeanne Edmonds Applegate, Steven Travis Mayo, Sean James Riley, Clay Anthony Barkley, Donald Lee Smith, Jr., and Robyn Renee Bender

FRIDAY, MARCH 27, 2015
9 AM
2013-SC-000620-DG
JAMES OVERSTREET, ADMINISTRATOR OF THE ESTATE OF LULA BELLE GORDON, DECEASED V. KINDRED NURSING CENTERS LIMITED PARTNERSHIP, D/B/A HARRODSBURG HEALTH CARE CENTER, ET AL

Summary: “Limitation of Actions. KRS 216.515. Issues include whether KRS 216.515 created a new cause of action or whether the cause of action was one for personal injury, and whether the statute of limitations for personal injury or for a newly established statutory action applies.”

Discretionary Review granted 8-13-14
Mercer Circuit Court, Judge Darren Peckler

Attorneys for Appellant: Robert Earl Salyer and Corey Tomas Fannin
Attorneys for Appellees: Donald Lee Miller, II, Kristin M. Lomond, and James Peter Cassidy, III

10 AM
2013-SC-000526-DG
NORTON HEALTHCARE, INC. V. LUAL A. DENG, FORMERLY JACOB L. AKER

Summary: “Employment Law. Discrimination. Retaliation. Issues include whether summary judgment was properly granted dismissing a retaliation claim, whether certain statements were made during settlement negotiations and whether the claimant established that it would have been futile for him to apply or re-apply for employment.”

Discretionary Review granted 6-11-14
Jefferson Circuit Court, Judge Audra Jean Eckerle

Attorneys for Appellant: Donna K. Perry, Jeremy Stuart Rogers, and Alina Klimkina
Attorney for Appellee: Everett Clay Hoffman

11 AM
2013-SC-000541-DG
WAGNER’S PHARMACY, INC. V. MELISSA K. PENNINGTON

Summary: “Kentucky Civil Rights Act. KRS 344.040. Disability Discrimination. Issues include whether, under the KCRA, a claimant alleging disability discrimination based on morbid obesity required to prove that his or her condition is attributable to an underlying physiology.”

Discretionary Review granted 8-13-14
Jefferson Circuit Court, Judge Susan Schultz Gibson

Attorney for Appellant: Brian Edward Clare
Attorney for Appellee: Philip Clyde Kimball