Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments June 3-5 in Frankfort

Press Release Date:  Wednesday, June 03, 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 Bracken, Campbell, Franklin, Jefferson, Jessamine, Kenton and Martin counties and in a worker’s compensation case when it convenes June 3-5 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.

THURSDAY, JUNE 3, 2015
9 AM
2014-SC-000095-DG
ASBURY UNIVERSITY V. DEBORAH POWELL, ET AL

Summary: “Employment Law. Retaliatory Discharge. Issues include (1) the propriety of recovery for retaliation absent an underlying violation of the Kentucky Civil Rights Act as well as (2) the appropriate jury instructions for retaliatory discharge and (3) the applicability of University of Texas Southwestern Medical Center v. Nassar, 133 S. Ct. 2517 (2013).”

Discretionary Review granted 10-15-2014
Jessamine Circuit Court, Judge C. Hunter Daugherty

Attorneys for Appellant: Debra H. Dawahare and Leila Ghabrial O’Carra
Attorneys for Appellees: Debra Ann Doss and Bryan Begley Daley

10 AM
2014-SC-000215-DG
JOHN CHARALAMBAKIS V. ASBURY UNIVERSITY, ET AL

Summary: “Employment Law. Retaliatory Discharge. Issues include the propriety of recovery for retaliation absent an underlying violation of the Kentucky Civil Rights Act.”

Discretionary Review granted 10-15-2014
Jessamine Circuit Court, Judge C. Hunter Daugherty

Attorney for Appellant: Katherine Yunker
Attorneys for Appellee: Debra H. Dawahare and Leila Ghabrial O’Carra

11 AM
2014-SC-000236-WC
MICHELLE RAHLA V. MEDICAL CENTER AT BOWLING GREEN, ET AL

Summary: “Workers’ Compensation. Whether injuries sustained by job candidates during pre-employment activities are compensable under Kentucky’s Workers’ Compensation scheme.”

Attorney for Appellant: Phillipe W. Rich
Attorney for Medical Center at Bowling Green: Whayne Cravens Priest, III
Attorney for Workers Compensation Board: Dwight Taylor Lovan

THURSDAY, JUNE 4, 2015
9 AM
2014-SC-000108-DG
JERRY JAMGOTCHIAN V. KENTUCKY HORSE RACING COMMISSION, ET AL

Summary: “Administrative Law. Constitutional Law. The question presented is whether “claiming jail” regulation 810 KAR 1:015 § 1(6) is unconstitutional as violative of the “dormant” Commerce Clause of the United States Constitution.”

Discretionary Review granted 10-15-2014
Franklin Circuit Court, Judge Phillip J. Shepherd

Attorneys for Appellant: Richard A. Getty and Kristopher D. Collman
Attorneys for Appellee: Robert M. Watt, III, Steven B. Loy, Anthony Joseph Phelps, Susan Bryson Speckert and Monica Hobson Braun

10 AM
2013-SC-000558-DG
LAWRENCE PATE V. DEPARTMENT OF CORRECTIONS

2013-SC-000559-DG
LAWRENCE PATE V. COMMONWEALTH OF KENTUCKY

Summary: “Criminal Law. KRS 439.3401. Violent Offender. Department of Corrections. Issues include whether Corrections acted properly when it reclassified an inmate convicted of a Class A felony drug offense from nonviolent offender to violent offender based on its changed interpretation of the violent offender statute.”

Discretionary Review granted 8-13-2014
Franklin Circuit Court, Judge Thomas D. Wingate
Bracken Circuit Court, Lewis D. Nichols

Attorney for Appellant: Margaret Anne Ivie
Attorney for Department of Corrections: Joseph Todd Henning
Attorney for Commonwealth of Kentucky: Kenneth Wayne Riggs

11 AM
2014-SC-000015-DG
TOWER INSURANCE COMPANY OF NEW YORK V. BRENT HORN, ET AL

Summary: “Contract. Automobile Insurance. Employee Exclusion. Severability-of Interests Clause. Issues include whether the severability-of-interests clause in a business auto insurance policy operates to defeat the policy’s employee exclusion when the “insured” seeking coverage is not the policyholder business, but a permissive user.”

Discretionary Review granted 10-15-2014
Martin Circuit Court, Judge John David Preston

Attorneys for Appellant: Joseph Stan Lee and Donald Markam Wakefield
Attorney for Brent Horn: Gregory Lee Monge
Attorney for Mickayla Sesco: John C. Bowlin
Attorneys for Bridgefield Casualty Insurance Company, Inc.: Anthony Charles Donahue and Forrest Waylon Brock

FRIDAY, JUNE 5, 2015
9 AM
2013-SC-000732-DG
ALLSTATE INSURANCE COMPANY V. CRAIG T. SMITH

Summary: “Insurance. MVRA. KRS 304.20-040(13) “Notice of First Renewal” Requirement. The question is whether, although the insured never requested or paid any premium for optional KRS 304.39-320 underinsured motorist coverage, the insurer adequately complied with the KRS 304.20-040(13) “notice of first renewal” requirement of “a notice stating in substance that added uninsured motorists, underinsured motorists, and personal injury protection coverages may be purchased by the insured.”

Discretionary Review granted 8-13-2014
Jefferson Circuit Court, Judge Irvin G. Maze

Attorneys for Appellant: Allen Campbell Ewen and William P. Carrell, II
Attorney for Appellee: William David Kiser

10 AM
2014-SC-000048-DG
RICKY BARRETT, JR. V. COMMONWEALTH OF KENTUCKY

Summary: “Conditional Guilty Plea. Search and Seizure. Suppression of Evidence. Warrantless entry into residence by police.”

Discretionary Review granted 8-14-2014
Kenton Circuit Court, Judge Martin J. Sheehan

Attorney for Appellant: Roy Alyette Durham II
Attorney for Appellee: David Bryan Abner

11 AM
2014-SC-000383-TG
GREATER CINCINNATI/NORTHERN KENTUCKY APARTMENT ASSOCIATION, INC., ET AL V. CAMPBELL COUNTY FISCAL COURT, ET AL

Summary: “Constitutionality of Ordinance imposing a flat fee upon occupied residential and commercial units to fund 911 emergency telephone services.”

Campbell Circuit Court, Judge Fred A. Stine, V

Attorneys for Appellants: Richard L. Norton, Erica Lynn Horn, Jeffrey Jay Greenberger, Timothy Joseph Eifler and Madonna E. Schueler
Attorney for Greater Cincinnati/Northern Kentucky Apartment Association, Inc.: Stephen E. Sherman
Attorneys for Appellees: Steven J. Franzen, Robert Edward List and Thomas Edison Edge