Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments May 16-18 in Frankfort
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The seven justices of the Supreme Court of Kentucky are (back row, from left) Justice Will T. Scott, Justice Wil Schroder, Deputy Chief Justice Mary C. Noble, Justice Bill Cunningham, (front row, from left) Justice Lisabeth Hughes Abramson, Chief Justice John D. Minton Jr. and Justice Daniel J. Venters.
Photo credit: Kentucky Office of Creative Services |
FRANKFORT, Ky. -- The Supreme Court of Kentucky will convene Wednesday-Friday, May 16-18, in Frankfort to hear oral arguments in cases that originated in Boone, Harlan, Fayette, Franklin, Graves, Jefferson, Lawrence, McCracken, Meade and Pike counties. Proceedings are open to the public and will take place at 9, 10 and 11 a.m. EDT each day in the Supreme Court Courtroom. The courtroom is located on the second floor of the state Capitol at 700 Capitol Ave.
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.
WEDNESDAY, MAY 16, 2012
9 AM
2011-SC-250-DG
GRIFFIN, ETC., V. RICE
Summary: “Summary Judgment. Interpretation of KRS 392.090(2): Forfeiture of dower or curtesy rights by spouse who voluntarily leaves the other and ‘lives in adultery.’ ”
Discretionary Review granted 11-16-2011
Harlan Circuit Court, Judge Gary D. Payne
Attorney for Movant: Otis Doan Jr.
Attorney for Respondent: Karen Sue Davenport
10 AM
2011-SC-722-TG
HARDIN, ET AL. V. COMMONWEALTH OF KENTUCKY
Summary: “Post-conviction. DNA Analysis of Evidence.”
Meade Circuit Court, Judge Sam Monarch
Attorneys For Appellants: Larry David Simon, Linda A. Smith, Jason Kreag, Kathleen Kallaher Schmidt, Marguerite Neill Thomas and Theodore S. Shouse
Attorney For Appellee: Perry Thomas Ryan
11 AM
2010-SC-478-DG
SAVAGE, ET AL. V. THREE RIVERS MEDICAL CENTER
2011-SC-348-DG (CROSS-MOTION)
THREE RIVERS MEDICAL CENTER V. SAVAGE, ET AL.
Summary: “Torts. Medical Malpractice. Issues include whether the evidence sufficed to create a jury question relating to a surgical sponge left in a patient’s abdomen when the patient had undergone multiple previous surgeries in that area of the body.”
Discretionary Review granted 6-8-2011 and 9-14-2011
Lawrence Circuit Court, Judge John David Preston
Attorneys for Movants/Cross-Respondents: Harry Truman Chafin, Michael Todd Hogan and Letitia Neese Chafin
Attorneys for Respondent/Cross-Movant: William P. Swain and David Sean Ragland
THURSDAY, MAY 17, 2012
9 AM
2010-SC-782-DG
NEWTON V. UNIVERSITY OF LOUISVILLE
Summary: “Sovereign Immunity. Breach of Contract. The issues include what type of contract, if any, U of L’s personnel policies and employee handbook create between U of L and its employees. And, if these documents create a contract, is that contract sufficient under KRS 45A.245 so as to waive U of L’s right to sovereign immunity?”
Discretionary Review granted 11-16-2011
Jefferson Circuit Court, Judge Olu Alfredo Stevens
Attorney for Movant: Kenneth James Henry
Attorneys for Respondent: Donna King Perry and Jeremy Stuart Rogers
Note: Justice Lisabeth Hughes Abramson is recused.
10 AM
2011-SC-332-DG
FURTULA, ET AL. V. UNIVERSITY OF KENTUCKY, ET AL.
Summary: “Sovereign Immunity. Breach of Contract. The issues include what type of contract, if any, UK’s personnel policies and employee handbook create between UK and its employees. And, if these documents create a contract, is that contract sufficient under KRS 45A.245 so as to waive UK’s right to sovereign immunity?”
Discretionary Review granted 11-16-2011
Fayette Circuit Court, Judge Thomas L. Clark
Franklin Circuit Court, Judge Thomas D. Wingate
Attorneys For Movants: Mendel Austin Mehr and Timothy E. Geertz
Attorneys For Respondents: Stephen L. Barker, Joshua Michael Salsburey, Christopher S. Turner, Barbara Ann Kriz, Dustin Elizabeth Meek and Jonathan Todd Salomon
Note: Justice Lisabeth Hughes Abramson is recused.
11 AM
2010-SC-827-DG
NATIONAL UNION FIRE INSURANCE COMPANY, ET AL. V. PIKE COUNTY BOARD OF EDUCATION, ET AL.
Summary: “Insurance. The issues involve interpretation of policy provisions regarding the effect of delayed reporting of a claim number under ‘claims-based’ policies with discrete coverage periods but when viewed together provide continuous coverage to the insured.”
Discretionary Review granted 9-14-2011
Pike Circuit Court, Judge Eddy Coleman
Franklin Circuit Court, Judge Thomas D. Wingate
Attorneys For Movants: Robert S. Walker III and Kathryn Kendrick
Attorneys For Respondents: Robert Lynn Chenoweth, Neal Smith and Lawrence R. Webster
Note: Rescheduled from April 19, 2012
FRIDAY, MAY 18, 2012
9 AM
2010-SC-749-DG
LOFTON V. FAIRMONT SPECIALTY INSURANCE MANAGERS, INC., ETC., ET AL.
Summary: “Attorney’s Fees. At issue is attorney’s entitlement to a fee under quantum meruit after withdrawing from a representation that involved a contingent fee contract.”
Discretionary Review granted 10-19-2011
McCracken Circuit Court, Judge R. Jeffrey Hines
Attorney For Movant: Rodger Wayne Lofton
Attorneys For Respondents: Charles David Walter, Samuel Scott Marcum, William F. M. Schrock and Delbert K. Pruitt
10 AM
2010-SC-351-MR
KEELING V. COMMONWEALTH OF KENTUCKY
Summary: “Guilty but Mentally Ill. Murder and First-degree Assault. Life – 20 years.”
Graves Circuit Court, Judge Timothy C. Stark
Attorney For Appellant: Linda Roberts Horsman
Attorney For Appellee: Gregory C. Fuchs
11 AM
2010-SC-564-DG
CUNNINGHAM, ET AL. V. WHALEN, ET AL.
2011-SC-174-DG (CROSS-MOTION)
WHALEN, ET AL. V. CUNNINGHAM, ET AL.
Summary: “Open Meetings Act. Litigation Exception. Issues include whether the litigation exception to the Open Meeting Act’s requirements applies where a zoning decision is the focus of the litigation.”
Discretionary Review granted 3-16-2011 and 5-11-2011
Boone Circuit Court, Judge Anthony Frohlich
Attorney For Movants/Cross-respondents: Teresa Lyn Cunningham
Attorneys For Respondents/Cross-Movants: Hugh O. Skees, Thomas Anthony Sweeney and Michael Taylor McKinney
Note: Rescheduled from April 20, 2012