Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments Dec. 11-12 in Frankfort

Press Release Date:  Tuesday, December 10, 2013  
Contact Information:  Susan Stokley Clary
Supreme Court Clerk
502-564-5444
susanc@kycourts.net
http://courts.ky.gov
 


Supreme Court Justices
The seven justices of the Supreme Court of Kentucky are (back row, from left) Justice Will T. Scott, Justice Daniel J. Venters, 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 Michelle M. Keller.
Photo credit: Kentucky Office of Creative Services

FRANKFORT, Ky. -- The Supreme Court of Kentucky will convene Dec. 11-12 in Frankfort to hear oral arguments in cases that originated in Bell, Clark, Lincoln and Trigg counties, and a workers’ compensation case. Proceedings are open to the public and will take place in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave. in Frankfort.

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, DEC. 11, 2013

9 AM EST
2012-SC-731-DG
KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY V. HOSKINS

View Case Briefs (PDF - 107.27KB)

Summary: “Insurance. MVRA. UIM. Motorcycle Exclusion. Loss of Consortium. The issue is whether, when both spouses are named insureds, a motorcycle exclusion also bars an injured motorcyclist’s spouse’s loss of consortium claim arising from the same accident.”

Discretionary Review granted 6-12-2013
Lincoln Circuit Court, Judge Jeffrey Thomas Burdette

Attorneys for Appellant: Michael D. Risley, Bethany A. Breetz, and John Boster Adams
Attorneys for Appellee: Richard Wayne Hay, James Paul Long, Jr., and Sarah Hay Knight

Note: Justice Venters is recused.

10 AM EST
2011-SC-737-DG
COMMONWEALTH OF KENTUCKY V. TIGUE

(CROSS-MOTION) 2012-SC-599-DG
TIGUE V. COMMONWEALTH OF KENTUCKY

View Case Briefs (PDF - 107.27KB)

Summary: “Criminal Law. Issues include whether the withdrawal of a defendant’s guilty plea is a “critical stage” of trial which entitles a defendant to legal counsel.”

Discretionary Review granted 9-12-2012 and 11-14-2012
Bell Circuit Court, Judge James L. Bowling, Jr.

Attorney for Appellant: William Bryan Jones
Attorney for Appellee: Meggan Elizabeth Smith

Note: Rescheduled from October 16, 2013

11 AM EST
2012-SC-665-WC
US BANK HOME MORTGAGE V. SCHRECKER, ET AL.
 
View Case Briefs (PDF - 107.27KB)

Summary: “Workers’ Compensation. Personal Comfort Doctrine. Is a worker’s injury which occurred off of the premises of her employer compensable if it happened during a paid break, even though the worker was not acting at the bequest of the employer?”

Attorney for Appellant: Sherri Lynn Keller
Attorneys for Appellees: Thomas M. Rhoads, James Landon Overfield, and Dwight Taylor Lovan

THURSDAY, DEC. 12, 2013

9:30 AM EST
2013-SC-430-I
KINDRED NURSING CENTERS LIMITED PARTNERSHIP, ETC., ET AL. V. CLARK, ETC.
KINDRED NURSING CENTERS LIMITED PARTNERSHIP, ETC., ET AL. V. WELLNER, ETC.

View Motions and Responses (PDF - 107.27KB)

Summary: “Motion for Interlocutory Relief. CR 65.09. Power of Attorney. Enforcement of an Arbitration Agreement.”

Clark Circuit Court, Judge Jean Chenault Logue

Attorneys for Movants: Donald Lee Miller II, Kristin M. Lomond, and James Peter Cassidy III
Attorneys for Respondent: James T. Gilbert, Richard Eric Circeo, and Robert Earl Salyer

11 AM EST
2013-SC-426-I
EXTENDICARE HOMES, INC., ETC, ET AL. V. WHISMAN, ETC., ET AL.

View Motion and Response (PDF - 107.27KB)

Summary: “Motion for Interlocutory Relief. CR 65.09. Power of Attorney. Enforcement of an Arbitration Agreement.”

Trigg Circuit Court, Judge Clarence A. Woodall III

Attorneys for Movants: Edmund John Benson, Jason Patrick Renzelmann, William James George, and Kathryn Todd Martin
Attorneys for Respondents: Cameron C. Jehl, Carey Lynn Acerra, and Robert Earl Salyer