Kentucky Court of Justice
Court of Appeals to hear Perry County abuse case, Clay County case April 18 in Lexington

FRANKFORT, Ky. -- The Kentucky Court of Appeals will convene Wednesday, April 18, in Lexington to hear state social worker Carla Gibson’s challenge to a Perry County court decision in which she was found negligent for not taking action in the 2007 adult kidnapping and abuse case of Donna Hicks. The court will also hear a Clay County civil case on appeal. Proceedings are open to the public and will begin at 12:15 p.m. EDT in Courtroom I on the fourth floor of the Robert F. Stephens Circuit Courthouse. The courthouse is located at 120 N. Limestone St.

A three-judge panel comprised of Court of Appeals Judges James H. Lambert, Kelly Thompson and Laurance B. VanMeter will hear oral arguments in the 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.

LEXINGTON DOCKET

WEDNESDAY, APRIL 18, 2012

12:15 PM     2011-CA-000223
                      ROXANNE SMITH v TERESA GRUBB

Summary: Civil. This is an appeal of a judgment in a case involving a fall in a parking lot. The appellant alleges that the store manager is not liable for joint and severable damages and was fraudulently joined in the legal action. The appellant also argues that the trial judge should have recused in the case.

Clay County judge who presided in the case – Judge Oscar Gayle House

Appellant’s attorneys: Brian Johnson, David Owen and Matthew Stinnett

Appellee’s attorney: Yancey White

1 PM     2011-CA-001090
              CARLA GIBSON v DONNA K. HICKS

Summary: Civil. This appeal is from a state social worker supervisor who alleges she is entitled to immunity and res judicata defenses. She alleges that she has no legal duty arising from failure to protect a crime victim who was not in custody when she was harmed.

Perry County judge who presided in the case – Judge William Engle III

Appellant’s attorneys: D. Irvin and Mona Womack

Appellee’s attorneys: Paula Richardson and Martin Stumbo

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.