Kentucky Court of Justice
Court of Appeals to hear arguments in cases from Hopkins and Pulaski counties June 5 in Louisville

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in civil cases on appeal from Hopkins and Pulaski counties when it convenes Tuesday, June 5, in Louisville. Proceedings are open to the public and will begin at 10 a.m. EDT in the Court of Appeals Courtroom on the 10th floor of the Jefferson County Judicial Center at 700 W. Jefferson St.

A three-judge panel composed of Court of Appeals Judges Sara Walter Combs, Irv Maze and Kelly Thompson will hear arguments in the Hopkins County case. Court of Appeals Judges Glenn E. Acree, Joy A. Moore and Janet L. Stumbo will hear arguments in the appeal from Pulaski County. 

Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.

Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location, but travel throughout the state to hear cases.

LOUISVILLE DOCKET (Times EDT)

TUESDAY, JUNE 5, 2012

To see more information on a case, input the case number on the Court of Appeals cases page.

10 AM    

2011-CA-000437   
HBR MADISONVILLE, LLC (D/B/A HARBORSIDE HEALTHCARE MADISONVILLE REHAB & NURSING CTR) ET AL. v PEARLINE W. OFFUTT

Summary: Civil. Judge Thompson will preside. This appeal is from a verdict and judgment in a long-term health care case in which it was determined that the patient’s rights were violated. The appeal covers evidentiary issues, jury instructions, amount of punitive damages, and post-judgment interest. Signature Healthcare, Kindred Healthcare, Golden Living, Senior Care and HCR Manor Care filed a friend of the court brief (an amicus curiae brief) in the case. A friend of the court is a person or organization that is not a party to a case but volunteers to offer information to assist a court in deciding a matter before it.

Hopkins County judge who presided in the case – James Brantley

Appellants’ attorneys: Robert Gwin, Heather McGregor, Jason Renzelmann, Sheryl Snyder and Griffin Sumner

Appellee’s attorneys: Kevin Burke, Lisa Circeo, Richard Circeo, Anthony Reins, Jerry Rhoads and Robert Salyer

Attorney John David Dyche is representing the friends of the court.

11:15 AM   

2011-CA-001059
KEVIN JONES v TOYOTETSU AMERICA, INC.                     

Summary: Civil. Judge Stumbo will preside. This is a matter-of-right appeal from a summary judgment in a sexual discrimination case. Issues in the case included a hostile work environment and a failure to protect male workers from sexual harassment perpetrated by a subcontractor. Appellant Kevin Jones alleged that appellee Toyotetsu American did protect female workers from the harassment. Jones alleges he was fired for defending himself from sexual battery. At issue in the appeal is whether the trial court erred in entering the summary judgment dismissing all claims against Toyotetsu America as a matter of law.

Pulaski County judge who presided in the case – Judge Jeffrey T. Burdette

Appellant’s attorneys: David Smith and Marcia Smith

Appellee’s attorneys: P. Barr and Gwendolyn Pinson

Administrative Office of the Courts
The Administrative Office of the Courts in Frankfort is the operations arm for the state court system. The AOC supports the activities of nearly 3,300 court system employees and 403 elected justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC executes the Judicial Branch budget.