Kentucky Court of Justice
Court of Appeals to hear Letcher County oil spill case March 14 in Louisville

FRANKFORT, Ky. -- The Kentucky Court of Appeals will convene Wednesday, March 14, in Louisville to hear arguments in Childers Oil Company et al. v Peyton Reynolds and Other Plaintiffs, a civil case on appeal from Letcher County Circuit Court. Proceedings are open to the public and will begin at 11:30 a.m. EDT in the Court of Appeals Courtroom on the 10th floor of the Jefferson County Judicial Center at 700 W. Jefferson St.

Reynolds and others filed a lawsuit against the oil company after the Whitesburg water system, which serves Whitesburg and several other cities, was contaminated with diesel fuel from a leak. The state determined that the leak came from a Childers Oil tank.

A three-judge panel comprised of Court of Appeals Judges Denise G. Clayton, Joy A. Moore and Christopher Shea Nickell will hear oral arguments in the appeal. Judge Clayton will preside.

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

WEDNESDAY, MARCH 14, 2012

11:30 AM    

2011-CA-001352
CHILDERS OIL COMPANY ET AL. v PEYTON REYNOLDS AND OTHER PLAINTIFFS

Summary: Civil. This appeal is about the composition of class certification and whether the trial court failed to make independent findings of fact. Childers Oil Co. is the primary appellant in the case. Hindman Petroleum Service and Mountain Rail Properties are also appellants (listed as et al., which means and others, in the case name). To see more information on a case, input the case number on the Court of Appeals cases page.

Judge who presided in the case – Senior Judge James L. Bowling

Appellants’ attorneys: J. Golden and Drew Meadows

Appellees’ attorneys: Ira Branham, Kevin Burke, Melanie Horton, Stephen Owens, Jonah Stevens, Wesley Varney and Damon Willis

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