Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments Aug. 12-13 in Frankfort

Press Release Date:  Thursday, August 06, 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 convene Aug. 12 and 13 in Frankfort to hear oral arguments in a workers’ compensation case and cases that originated in Fayette, Kenton, Knox, Martin and Warren counties. 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, AUG. 12, 2015
9 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

10 AM
2014-SC-000137-DG
JANET OWEN V. UNIVERSITY OF KENTUCKY

Summary: “Kentucky Civil Rights Act. KRS 344.270. Election of Remedies. Whether an employee who receives an order of dismissal from the Kentucky Commission on Human Rights and does not appeal from that order may subsequently file a lawsuit in circuit court based on the same claim.”

Discretionary Review granted 12-10-2014
Fayette Circuit Court, Judge Kimberly N. Bunnell

Attorney for Appellant: Edward E. Dove
Attorneys for Appellee: Stephen L. Barker, William Thro, Katherine Coleman, Jamie Wilhite Dittert, and Martha Lewis Alexander

11 AM
2014-SC-000324-DG
JOHN WESLEY BAYS V. KRISTIE D. KIPHART, INDIVIDUALLY AND AS TRUSTEE OF THE DEMAND RIGHT IRREVOCABLE TRUST FOR BYRCE A. BAYS

Summary: “Wills. Renunciation. Fraud on Curtesy Rights. May life insurance be “surplus property” under KRS 392.020?”

Discretionary Review granted 2-11-2015
Knox Circuit Court, Judge Robert McGinnis

Attorney for Appellant: W. Patrick Hauser
Attorney for Appellee: Travis Alan Rossman

THURSDAY, AUG. 13, 2015
9 AM
2014-SC-000062-WC
RONNIE HALE V. CDR OPERATIONS, INC., ET AL

2014-SC-000066-WC
CDR OPERATIONS, INC. V. RONNIE HALE, ET AL

Summary: “Workers’ Compensation. Cumulative Trauma Injury. Employer’s liability for permanent total disability.”

Attorney for Hale: McKinnley Morgan
Attorneys for CDR Operations, Inc.: Guillermo Alfredo Carlos and James Burke Cooper
Attorney for Workers’ Compensation Board: Dwight Taylor Lovan

10 AM
2014-SC-000083-DG
LARRY PENIX V. BARBARA DELONG

Summary: “Trespass. Damages. KRS 364.130. Whether treble damages may be imposed for trespass upon a neighbor’s timber by an independent contractor logging for the allegedly trespassing neighbor.”

Discretionary Review granted 12-10-2014
Martin Circuit Court, Judge John David Preston

Attorney for Appellant: Kyle Ray Salyer
Attorney for Appellee: Ronald Eric Mills

11 AM
2014-SC-000265-DG
COUNTRYWAY INSURANCE V. UNITED FINANCIAL CASUALTY INSURANCE COMPANY, ET AL

Summary: “Insurance Law. Automobile Accidents. Uninsured Motorist Coverage. Where an injured party is covered by more than one uninsured motorist policy, but both contracts contain excess clauses, should the damages be apportioned between the companies or should a per se rule deeming primary the injured party’s uninsured motorist policy apply?”

Discretionary Review granted 2-11-2015
Warren Circuit Court, Judge John Grise

Attorney for Appellant: Brian Keith Pack
Attorney for United Financial Casualty Insurance: Tracey C. Smith
Attorney for Sharon Bartley: Brian M. P. Driver