Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments May 6-8 in Frankfort

Press Release Date:  Friday, May 01, 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 Campbell, Fayette, Hardin, Jefferson, Lincoln and Madison counties, and a workers’ compensation case when it convenes May 6-8 in Frankfort. Proceedings are open to the public and will take place at 9, 10 and 11 a.m. ET 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, MAY 6, 2015
9 AM
2014-SC-000456-DGE
JEFFREY PETTINGILL V. SARA YOUNT PETTINGILL

Summary: “Domestic Violence. Appellate Procedure. Issues involve the use of “lethality factors” in a domestic violence determination and the interplay between CR 75.07(4) and CR 98 when the trial videotape is omitted from the record on appeal.”

Discretionary Review granted 10-15-2014
Jefferson Circuit Court, Judge Jerry J. Bowles

Attorney for Appellant: William David Tingley
Attorneys for Appellee: Dina Abby Bartlett and Bryan Daniel Gatewood

10 AM
2013-SC-000809-DG
RUTH ANN SADLER V. BARBARA LOIS VAN BUSKIRK

Summary: “Family Law. Property Settlement Agreements. Retirement Accounts. Issues include whether the property settlement agreement provision stating that the ex-wife disclaimed her interest in the retirement account owned by the ex-husband was sufficient to rescind the form he filed with the investment company during the marriage naming her as beneficiary upon his death.”

Discretionary Review granted 9-10-2014
Fayette Circuit Court, Judge Jo Ann Wise

Attorneys for Appellant: Thomas W. Miller, Greg Arnold Hunter, Michelle Lynn Hurley and Anna Leisa Dominick
Attorneys for Appellee: Amy E. Dougherty, Carolyn L. Kenton and Mary C. E. Patton

11 AM
2014-SC-000309-DGE
KEVIN ADDISON V. LYDIA ADDISON

2014-SC-000582-DGE (CROSS-MOTION)
LYDIA ADDISON V. KEVIN ADDISON

Summary: “Child Custody. Issues include the propriety of limiting proof to one day and restricting witnesses on a motion to change custody.”

Discretionary Review granted 9-10-2014 and Cross Motion 12-10-2014
Hardin Circuit Court, Judge Pamela Addington

Attorneys for Appellant/Cross-Appellee: Jeremy Scott Aldridge and Carey H. Aldridge
Attorney for Appellee/Cross-Appellant: Allen McKee Dodd

THURSDAY, MAY 7, 2015
9 AM
2014-SC-000329-DGE
C. D. G. V. N. J. S.

2014-SC-000495-DGE (CROSS MOTION)
N. J. S. V. C. D. G.

Summary: “Child Support. Issues include whether KRS 403.211 or other Kentucky law requires that Social Security dependent retirement benefits received by a child must be credited against the child support obligation, and whether a lump-sum payment of dependent benefits creates an “overpayment” which must be reimbursed by the child's representative payee to the obligor.”

Discretionary Review granted 8-13-2014 and Cross Motion 10-15-2014
Jefferson Circuit Court, Judge Joseph W. O’Reilly

Attorney for Appellant/Cross-Appellee: Callie Elizabeth Walton
Attorney for Appellee/Cross-Appellant: Nancy J. Shook

10 AM
2013-SC-000149-DG
COMMONWEALTH OF KENTUCKY V. CHRISTOPHER J. MCGORMAN, JR. 

2013-SC-000818-DG (CROSS MOTION)
CHRISTOPHER J. MCGORMAN, JR. V. COMMONWEALTH OF KENTUCKY

Summary: “Criminal Law. RCr 11.42. Issues include defense counsel’s strategy in permitting a juvenile to be interviewed by police in counsel’s presence in February of 2000.”

Discretionary Review granted 12-11-2013 and Cross Motion 2-12-2014
Madison Circuit Court, Judge William T. Jennings and Judge Jean Chenault Logue

Attorney for Appellant/Cross-Appellee: Todd Dryden Ferguson
Attorneys for Appellee/Cross-Appellant: Dennis James Burke and Meggan Elizabeth Smith

Note: Justice Michelle M. Keller is recused.

11 AM
2013-SC-000685-DG
NISSAN MOTOR COMPANY, LTD, ET AL V. AMANDA MADDOX

Summary: “Torts. Products Liability. Design Defect. Punitive Damages. Issues include whether the plaintiff presented sufficient evidence to warrant a punitive damages instruction where the defendant car manufacturer complied with federal safety standards.”

Discretionary Review granted 8-13-2014
Lincoln Circuit Court, Judge David A. Tapp

Attorneys for Appellants: John Lewis Tate, David T. Schaefer, Bethany A. Breetz and Anne Katherine Guillory
Attorneys for Appellee: Richard Wayne Hay, James Paul Long, Jr. and Sarah Hay Knight

FRIDAY, MAY 8, 2015
9 AM
2014-SC-000008-DG
SAINT JOSEPH HEALTHCARE, INC. D/B/A SAINT JOSEPH HOSPITAL V. LARRY O’NEIL THOMAS, AS ADMINISTRATOR OF THE ESTATE OF JAMES “MILFORD” GRAY, DECEASED, ET AL

Summary: “Punitive Damages. KRS 411.184. Issues include whether or not physicians whom the hospital alleges are independent contractors are considered as employees of the hospital for the purpose of assessing punitive damages under the provisions of the federal Emergency Medical Treatment and Active Labor Act (EMTALA), whether an award of punitive damages was so excessive as to constitute a denial of federal Constitutional due process, and the interplay between the EMTALA and KRS 411.184.”

Discretionary Review granted 9-10-2014
Fayette Circuit Court, Judge Pamela Goodwine

Attorneys for Appellant: Robert Franklin Duncan, Jay Edward Ingle and Patrick F. Estill
Attorneys for Appellees: William R. Garmer, Darryl Lamont Lewis, Charles Albert Grundy, Jr. and Elizabeth R. Seif

10 AM
2014-SC-000234-WC
JOSEPH JEWELL V. FORD MOTOR COMPANY, ET AL

Summary: “Workers’ Compensation. Whether unemployment benefits and supplemental unemployment benefits (SUB) should be considered wages for purposes of the workers’ compensation statute.”

Attorney for Appellant: Charles E. Jennings
Attorneys for Ford Motor Company: Peter J. Glauber and Elizabeth M. Hahn
Attorney for Workers Compensation Board: Dwight Taylor Lovan

11 AM
2013-SC-000820-DG
THE BOARD OF REGENTS OF NORTHERN KENTUCKY UNIVERSITY V. ANDREA WEICKGENANNT

Summary: “Gender Discrimination. KRS 344.040. Issues include whether or not the Court of Appeals correctly followed Kentucky and federal employment discrimination precedent.”

Discretionary Review granted 8-13-2014
Campbell Circuit Court, Judge Fred A. Stine, V

Attorneys for Appellant: Michael Wesley Hawkins, Andrew Bret Millar and Kathleen A. Carnes
Attorneys for Appellee: Randolph H. Freking and Kelly Mulloy Myers