Kentucky Court of Justice
Court of Appeals to hear cases from Campbell and Washington counties Nov. 17 in Northern Kentucky

Press Release Date:  Tuesday, November 15, 2011  
Contact Information:  Jamie Ball
Public Information Specialist
502-573-2350, x 50033

FRANKFORT, Ky. -- The Kentucky Court of Appeals will convene Thursday, Nov. 17, at Northern Kentucky University Salmon P. Chase College of Law to hear civil cases on appeal from Campbell and Washington counties. The college is located in Highland Heights. Proceedings are open to the public and will begin at 10:45 a.m. EST in the college’s Moot Courtroom in Nunn Hall 420.

A three-judge panel comprised of Court of Appeals Judges Sara Walter Combs, Joy A. Moore and Christopher Shea Nickell will hear oral arguments in the Washington County case, S.G. v The Care Academy, Inc., at 10:45 a.m. Judges Combs and Nickell and Senior Judge Joseph E. Lambert will hear arguments in the Campbell County case, Rachel L. Berghaus v US Bank, at 11:30 a.m. Judge Combs will preside in both cases.

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.


THURSDAY, NOV. 17, 2011

10:45 AM     2010-CA-002205    
                      S.G. (ON BEHALF OF S.B.J.) v THE CARE ACADEMY, INC., ET AL.

Summary: Civil. The Circuit Court issued a summary judgment in this case. The appellant alleges that The Care Academy displayed negligent supervision and gross negligence while the Kentucky Department of Juvenile Justice entrusted the academy with the care of minor S.B.J. This case involves personal injury. There are also claims of false imprisonment and intentional infliction of emotional distress. The other appellees in this case are the Kentucky Department of Juvenile Justice, Washington County and Katherine Strother.

Washington County judge who presided in the case – Judge Allan Ray Bertram

Appellant’s attorneys: Gregory Simms

Appellees’ attorneys: Wayne Carroll and Deborah Harrod

11:30 AM     2010-CA-002050    
                      RACHEL L. BERGHAUS v US BANK

Summary: Civil. Appellant Rachel L. Berghaus claims the trial court did not understand and admitted to not understanding the Truth in Lending Act, misapplied the law and erred in granting appellee U.S. Bank a summary judgment. The appellant also cites as error the court’s failure to allow her to amend her counterclaim to include fraud in the inducement.

Campbell County judge who presided in the case – Judge Fred A. Stine

Appellant’s attorney: Clement Bezold Jr.

Appellee’s attorneys: Wendell Clark III, Jacqueline Heyman and Christopher Hill

Senior Judge Joseph E. Lambert
Judge Joseph E. Lambert is a senior judge assigned to the Court of Appeals and is chief judge of Kentucky’s Senior Judges Program. He became a senior judge after retiring June 27, 2008, as chief justice of the Supreme Court of Kentucky.

Judge Lambert served 22 years as a Supreme Court justice and 10 years as chief justice. He was first elected to the Supreme Court in 1986 from the 27 southeastern Kentucky counties of the 3rd Supreme Court District. He was subsequently re-elected in 1994 and 2002. He became Kentucky’s fourth chief justice in October 1998 by a vote of his fellow justices and was re-elected to two additional four-year terms as chief justice in 2002 and in 2006.

During Judge Lambert’s 10-year tenure as chief justice, the Kentucky Court of Justice made great strides in Family Court, judicial facilities, court technology, Drug Court, judicial education, pretrial services and diversity awareness. In the last decade, Kentucky has earned a national reputation for Family Court, court facilities improvement, Drug Court and many other cutting-edge initiatives.

As a justice of the Supreme Court, Judge Lambert authored more than 400 published opinions of the Court and scores of dissenting and concurring opinions. In addition, he authored more than 500 memorandum opinions. He has been a frequent lecturer at bar conferences and has authored articles for publication in scholarly journals and the Kentucky Bar Association’s Bench and Bar magazine. He has also participated in numerous national legal education events as an invited speaker or panelist. As chief justice, he was an active member of the national Conference of Chief Justices and was elected to serve on its board of directors.

In 2000, the Kentucky Bar Association named him Outstanding Judge of Kentucky. He is a former board member of the Conference of Chief Justices and a former regent of Eastern Kentucky University. He serves as board chair of the Kentucky Judicial Form Retirement Plan.

The Kentucky Department of Public Advocacy gave Judge Lambert its Public Service Award in 2006. In 2004, he received the Civil Rights Award from both the Northern Kentucky NAACP and the Lexington NAACP for his commitment to eliminating discrimination. In 2003, he was awarded the Kentucky Bar Association President’s Special Service Award. He was given the Kentucky Public Advocate Award in 2001. In 2000, the National Association of Drug Court Professionals gave him its Leadership Award.

In October 2007, U.S. Chief Justice John G. Roberts Jr. appointed Chief Justice Lambert to membership on the Committee on Federal-State Jurisdiction of the Judicial Conference of the United States.

He holds a bachelor’s degree from Georgetown (Ky.) College and a juris doctor from the University of Louisville Brandeis School of Law, which gave him its Distinguished Alumni Award. He has received honorary doctor of laws degrees from Georgetown College, Eastern Kentucky University and Northern Kentucky University Chase College of Law.

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.