Kentucky Court of Justice
Kentucky Court of Appeals to hear oral arguments Dec. 15 in Lexington
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in two civil case appeals Tuesday, Dec. 15, at the Fayette County Circuit Court building in Lexington. The cases are on appeal from Boyd and Fleming counties. Proceedings are open to the public.
A three-judge panel consisting of Court of Appeals Judges Glenn E. Acree, Michael O. Caperton and Kelly Thompson will hear oral arguments starting at 1 p.m. EST in Circuit Courtroom I on the fourth floor of the Circuit Court building. The building is located at 120 N. Limestone.
A docket containing summaries of the cases is below.
Tuesday, Dec. 15, 2009
1 PM 2009CA000116
NELLIE ELLISON v. KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY
Summary: Civil. At issue is whether the trial court acted properly by refusing to allow the jury to decide if the plaintiff should be awarded future medical costs as part of damages, whether the dismissal of the co-defendant was proper and whether the incident that resulted in the original legal action was covered by insurance.
Fleming County judge who ruled in the case – Judge Robert W. McGinnis
Appellant’s attorney: Chauncey Hiestand
Appellee’s attorneys: John Ellis, Michael Shields and Timothy Walker
1:45 PM 2008CA001606 and 2008CA001780
BOON EDAM. INC. v. EVELYN SAUNDERS
Summary: Civil. Product liability case appeal. At issue is whether the trial court made the correct decisions regarding expert testimony, a defective condition being unreasonably dangerous, directed verdict, and pain and suffering.
Boyd County judge who ruled in the case – Judge Marc I. Rosen
Appellant’s attorneys: Allison Carroll and Michael Farrell
Appellee’s attorneys: Wendell Roberts and Donald Yates II
Judge Glenn E. Acree
Judge Glenn E. Acree was elected judge for the Kentucky Court of Appeals in November 2006 to serve Division 2 of the 5th Appellate District. He was appointed to that position in August 2006 to fill a vacancy created when Judge Julia K. Tackett retired June 30, 2006.
The 5th Appellate District is comprised of Anderson, Bourbon, Boyle, Clark, Fayette, Franklin, Jessamine, Madison, Mercer, Scott and Woodford counties.
Judge Acree resides in Lexington, where he has had a solo practice since 1997. Prior to 1997, he practiced law with Stidham & Acree from 1996 to 1997; with Thomas, Stidham & Acree from 1994 to 1996; and with McBrayer, McGinnis, Leslie & Kirkland from 1985 to 1994.
Before his appointment to the Court of Appeals, Judge Acree handled litigation and appeals in the areas of criminal law, administrative law, employment discrimination, civil procedure, insurance law, domestic relations, environmental law and construction law.
Judge Acree has a bachelor’s degree and juris doctor from the University of Kentucky. He also earned a master’s degree from the University of Maryland.
He is married to the former Lisa T. Hahn of Versailles. He has two sons, Matt and Taylor.
Judge Michael O. Caperton
Judge Michael Caperton was elected to the Kentucky Court of Appeals on Nov. 6, 2007, and represents Division 1 of the 3rd Appellate District. The 3rd Appellate District is comprised of Adair, Bell, Casey, Clay, Clinton, Cumberland, Estill, Garrard, Green, Jackson, Knox, Laurel, Lee, Leslie, Lincoln, Marion, McCreary, Metcalfe, Monroe, Nelson, Pulaski, Rockcastle, Russell, Taylor, Washington, Wayne and Whitley counties.
Prior to his election to the Court of Appeals, Judge Caperton served 14 years as a District Court judge for the 27th Judicial District, which consists of Knox and Laurel counties. He was elected district judge in 1994 and served until he was sworn in as Court of Appeals judge in December 2007.
Judge Caperton is a native of Laurel County, where he has resided most of his life. After graduating from Transylvania University in 1977, Judge Caperton earned a teaching certificate from Cumberland College in biology and chemistry. He received his juris doctor from the University of Kentucky College of Law in 1987.
Judge Caperton has two teenage daughters.
Judge Kelly Thompson
Judge Kelly Thompson was elected to the Kentucky Court of Appeals in November 2006. He represents Division 2 of the 2nd Appellate District, which is comprised of Barren, Breckinridge, Bullitt, Daviess, Grayson, Hancock, Hardin, Hart, Henderson, LaRue, Meade, Ohio, Union and Warren counties.
Judge Thompson practiced law in Bowling Green from 1974 until his election in 2006. He was the chief public advocate for the 8th Judicial District from 1976 to 1999, and he twice served on the board of directors for the Bowling Green-Warren County Bar Association. He was chief trial counsel for the Kentucky Department of Highways in Hardin County from 1972 to 1973 and served as law clerk for the Kentucky Court of Appeals from 1973 to 1974.
Judge Thompson graduated from Western Kentucky University in 1968 with a bachelor’s degree and a teaching certificate. He earned his juris doctor from the University of Kentucky College of Law in 1972.
Judge Thompson has been admitted to practice before the U.S. Board of Claims and the U.S. Supreme Court. He has successful appellate experience in the 6th Circuit Court of Appeals, the Supreme Court of Kentucky and the Kentucky Court of Appeals. He is a recipient of the Kentucky Bar Association’s Donated Legal Services Recognition Award. He has been certified as a civil trial specialist by the National Board of Trial Advocacy, which is accredited by the American Bar Association to certify lawyers in civil, criminal and family law trial advocacy. Judge Thompson has also served as a board member for numerous civic organizations in Warren County.
Judge Thompson was born in 1948 and is a Warren County native. He is married to the former Victoria Golden. He has one daughter, Elizabeth, and three grandchildren.
Kentucky Court of Appeals
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.
Administrative Office of the Courts
The Administrative Office of the Courts in Frankfort supports the activities of 3,800 Kentucky Court of Justice employees, including the elected offices of justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC prepares a biennial budget draft and executes the Judicial Branch budget.