Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments May 16-18 in Frankfort

Press Release Date:  Tuesday, May 15, 2012  
Contact Information:  Jamie Neal
Public Information Specialist
502-573-2350, x 50033
jamieneal@kycourts.net
http://courts.ky.gov
 


Supreme Court Justices
The seven justices of the Supreme Court of Kentucky are (back row, from left) Justice Will T. Scott, Justice Wil Schroder, Deputy Chief Justice Mary C. Noble, Justice Bill Cunningham, (front row, from left) Justice Lisabeth Hughes Abramson, Chief Justice John D. Minton Jr. and Justice Daniel J. Venters.
Photo credit: Kentucky Office of Creative Services

FRANKFORT, Ky. -- The Supreme Court of Kentucky will convene Wednesday-Friday, May 16-18, in Frankfort to hear oral arguments in cases that originated in Boone, Harlan, Fayette, Franklin, Graves, Jefferson, Lawrence, McCracken, Meade and Pike counties. Proceedings are open to the public and will take place at 9, 10 and 11 a.m. EDT each day in the Supreme Court Courtroom. The courtroom is located on the second floor of the state Capitol at 700 Capitol Ave.

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.

WEDNESDAY, MAY 16, 2012

9 AM

2011-SC-250-DG
GRIFFIN, ETC., V. RICE

Summary: “Summary Judgment. Interpretation of KRS 392.090(2): Forfeiture of dower or curtesy rights by spouse who voluntarily leaves the other and ‘lives in adultery.’ ”

Discretionary Review granted 11-16-2011
Harlan Circuit Court, Judge Gary D. Payne

Attorney for Movant: Otis Doan Jr.
Attorney for Respondent: Karen Sue Davenport

10 AM                       

2011-SC-722-TG
HARDIN, ET AL. V. COMMONWEALTH OF KENTUCKY

Summary: “Post-conviction. DNA Analysis of Evidence.”

Meade Circuit Court, Judge Sam Monarch

Attorneys For Appellants: Larry David Simon, Linda A. Smith, Jason Kreag, Kathleen Kallaher Schmidt, Marguerite Neill Thomas and Theodore S. Shouse

Attorney For Appellee: Perry Thomas Ryan

11 AM                       
 
2010-SC-478-DG
SAVAGE, ET AL. V. THREE RIVERS MEDICAL CENTER

2011-SC-348-DG (CROSS-MOTION)
THREE RIVERS MEDICAL CENTER V. SAVAGE, ET AL.

Summary: “Torts. Medical Malpractice. Issues include whether the evidence sufficed to create a jury question relating to a surgical sponge left in a patient’s abdomen when the patient had undergone multiple previous surgeries in that area of the body.”

Discretionary Review granted 6-8-2011 and 9-14-2011
Lawrence Circuit Court, Judge John David Preston

Attorneys for Movants/Cross-Respondents: Harry Truman Chafin, Michael Todd Hogan and Letitia Neese Chafin
Attorneys for Respondent/Cross-Movant: William P. Swain and David Sean Ragland

THURSDAY, MAY 17, 2012

9 AM

2010-SC-782-DG
NEWTON V. UNIVERSITY OF LOUISVILLE

Summary: “Sovereign Immunity. Breach of Contract. The issues include what type of contract, if any, U of L’s personnel policies and employee handbook create between U of L and its employees. And, if these documents create a contract, is that contract sufficient under KRS 45A.245 so as to waive U of L’s right to sovereign immunity?”

Discretionary Review granted 11-16-2011
Jefferson Circuit Court, Judge Olu Alfredo Stevens

Attorney for Movant: Kenneth James Henry
Attorneys for Respondent: Donna King Perry and Jeremy Stuart Rogers

Note: Justice Lisabeth Hughes Abramson is recused.

10 AM                       

2011-SC-332-DG
FURTULA, ET AL. V. UNIVERSITY OF KENTUCKY, ET AL.

Summary: “Sovereign Immunity. Breach of Contract. The issues include what type of contract, if any, UK’s personnel policies and employee handbook create between UK and its employees. And, if these documents create a contract, is that contract sufficient under KRS 45A.245 so as to waive UK’s right to sovereign immunity?”

Discretionary Review granted 11-16-2011
Fayette Circuit Court, Judge Thomas L. Clark
Franklin Circuit Court, Judge Thomas D. Wingate

Attorneys For Movants: Mendel Austin Mehr and Timothy E. Geertz
Attorneys For Respondents: Stephen L. Barker, Joshua Michael Salsburey, Christopher S. Turner, Barbara Ann Kriz, Dustin Elizabeth Meek and Jonathan Todd Salomon

Note: Justice Lisabeth Hughes Abramson is recused.

11 AM            
 
2010-SC-827-DG
NATIONAL UNION FIRE INSURANCE COMPANY, ET AL. V. PIKE COUNTY BOARD OF EDUCATION, ET AL.

Summary: “Insurance. The issues involve interpretation of policy provisions regarding the effect of delayed reporting of a claim number under ‘claims-based’ policies with discrete coverage periods but when viewed together provide continuous coverage to the insured.”

Discretionary Review granted 9-14-2011
Pike Circuit Court, Judge Eddy Coleman
Franklin Circuit Court, Judge Thomas D. Wingate

Attorneys For Movants: Robert S. Walker III and Kathryn Kendrick
Attorneys For Respondents: Robert Lynn Chenoweth, Neal Smith and Lawrence R. Webster

Note: Rescheduled from April 19, 2012

FRIDAY, MAY 18, 2012

9 AM

2010-SC-749-DG
LOFTON V. FAIRMONT SPECIALTY INSURANCE MANAGERS, INC., ETC., ET AL.

Summary: “Attorney’s Fees. At issue is attorney’s entitlement to a fee under quantum meruit after withdrawing from a representation that involved a contingent fee contract.”

Discretionary Review granted 10-19-2011
McCracken Circuit Court, Judge R. Jeffrey Hines

Attorney For Movant: Rodger Wayne Lofton
Attorneys For Respondents: Charles David Walter, Samuel Scott Marcum, William F. M. Schrock and Delbert K. Pruitt

10 AM

2010-SC-351-MR
KEELING V. COMMONWEALTH OF KENTUCKY

Summary: “Guilty but Mentally Ill. Murder and First-degree Assault. Life – 20 years.”

Graves Circuit Court, Judge Timothy C. Stark

Attorney For Appellant: Linda Roberts Horsman
Attorney For Appellee: Gregory C. Fuchs

11 AM

2010-SC-564-DG
CUNNINGHAM, ET AL. V. WHALEN, ET AL.

2011-SC-174-DG (CROSS-MOTION)
WHALEN, ET AL. V. CUNNINGHAM, ET AL.

Summary: “Open Meetings Act. Litigation Exception. Issues include whether the litigation exception to the Open Meeting Act’s requirements applies where a zoning decision is the focus of the litigation.”

Discretionary Review granted 3-16-2011 and 5-11-2011
Boone Circuit Court, Judge Anthony Frohlich

Attorney For Movants/Cross-respondents: Teresa Lyn Cunningham
Attorneys For Respondents/Cross-Movants: Hugh O. Skees, Thomas Anthony Sweeney and Michael Taylor McKinney

Note: Rescheduled from April 20, 2012