Kentucky Court of Justice
Kentucky Court of Appeals to hear oral arguments Aug. 18 in Smithland
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in three civil case appeals Tuesday, Aug. 18, at the Livingston County Justice Center in Smithland. The cases are on appeal from Daviess, Hart and McCracken counties. Proceedings are open to the public. The justice center is located at 122 W. Adair St.
A three-judge panel consisting of Court of Appeals Judges Joy A. Moore and Christopher Shea Nickell and Senior Judge William R. Harris will hear oral arguments in Hart County Bank and Trust Company v. Transportation Cabinet, Department of Highways at 10 a.m. and in Gail Lamb v. Branch Banking and Trust Company at 10:45 a.m. A three-judge panel consisting of Court of Appeals Judges Moore, Nickell and Kelly Thompson will hear oral arguments in Ruben Vaughn v. City of Paducah at 11:30 a.m. All times are in Central Daylight Time.
A docket containing summaries of the cases is below.
Times are in Central Daylight Time
Tuesday, Aug. 18, 2009
10 AM 2007CA002533
HART COUNTY BANK AND TRUST COMPANY v. TRANSPORTATION CABINET,
DEPARTMENT OF HIGHWAYS
Summary: Civil. Appeal involves order of condemnation. Appellant argues that the Department of Transportation failed to negotiate in good faith prior to a condemnation hearing and that the trial court failed to provide sufficient time to prepare for the hearing.
Hart County judge who ruled in the case – Judge John David Seay
Appellant’s attorney: Dwight Preston
Appellee’s attorneys: William Dean and Phillip Wicker
10:45 AM 2008CA001984
GAIL LAMB v. BRANCH BANKING AND TRUST COMPANY
Summary: Civil. Appellant argues that the trial court erred in granting the appellees’ CR 12.03 motions. Appellant seeks reversal regarding whether banks are subject to negligent misrepresentation claims and justifiable reliance claims and dismissal of a third-party defendant prior to any discovery taking place regarding his participation in the underlying matter.
Daviess County judge who ruled in the case – Judge Jay A. Wethington
Appellant’s attorney: Fred Simon
Appellee’s attorneys: William Adams, Roger Miller, John Tullis and John Meyer
11:30 AM 2008CA001549
RUBEN VAUGHN v. CITY OF PADUCAH
Summary: Civil. Appellant, who is a civil service employee, contends that the trial court erred in granting partial summary judgment to appellee because the trial court did not use standards set forth in a collective bargaining agreement in evaluating whether the appellant was properly discharged.
McCracken County judge who ruled in the case – Judge R. Jeffrey Hines
Appellant’s attorney: Dennis Janes
Appellee’s attorney: Stacey Blankenship
Judge Joy A. Moore
Judge Joy A. Moore was elected judge for the Kentucky Court of Appeals in November 2006 to serve Division 2 of the 6th Appellate District. The 6th Appellate District is comprised of Bath, Boone, Bracken, Campbell, Carroll, Fleming, Gallatin, Grant, Harrison, Henry, Kenton, Lewis, Mason, Nicholas, Oldham, Owen, Pendleton, Robertson, Shelby, Spencer and Trimble counties.
Judge Moore served six years as chief law clerk for William O. Bertelsman, senior judge of the U.S. District Court for the Eastern District of Kentucky. She also served as staff attorney to Kentucky Court of Appeals Judges Daniel T. Guidugli and Robert W. Dyche III. As a practitioner, Judge Moore specialized in civil rights defense work in the litigation department of Adams, Stepner, Woltermann & Dusing PLLC in Covington and practiced general litigation law with Hoffman, Hoffman & Grubbs in Elsmere.
Judge Moore graduated magna cum laude from Morehead State University, where she also earned a master’s degree and a Rank I teaching certificate. After teaching special education for seven years in Grant and Pendleton county schools, Judge Moore earned her juris doctor from the Northern Kentucky University Salmon P. Chase College of Law. She ranked No. 1 in her law school class, graduated magna cum laude and was a member of the Northern Kentucky Law Review. She received numerous scholarships and awards for academic achievement, including the Chase Excellence Scholarship.
Judge Moore is a member of the Kentucky Bar Association, the Northern Kentucky Bar Association and the Salmon P. Chase Inn of Court. She serves on the St. Elizabeth Hospice Committee and the Executive Committee of Every Child Succeeds. She is a 2006 graduate of Leadership Northern Kentucky and serves on its Government Committee. She is a former member of Vision 2015, a 10-year strategic plan developed by Northern Kentucky citizens for economic growth, as well as the Kentucky Personnel Board, the Governor’s Postsecondary Education Nominating Commission and the board of the Boone County Court Appointed Special Advocates. She is a member of Florence Baptist Church, where she previously served on the Women’s Council.
Judge Moore grew up in Menifee County and resides in Boone County with her husband, Gary W. Moore. They have two children, Brandi Moore List and Scott Moore.
Judge Christopher Shea Nickell
Judge Christopher Shea Nickell was elected to serve on the Kentucky Court of Appeals in November 2006 and represents Division 1 of the 1st Appellate District. The 1st Appellate District is comprised of Allen, Ballard, Butler, Caldwell, Calloway, Carlisle, Christian, Crittenden, Edmonson, Fulton, Graves, Hickman, Hopkins, Livingston, Logan, Lyon, Marshall, McCracken, McLean, Muhlenberg, Simpson, Todd, Trigg and Webster counties.
Prior to his election, Judge Nickell practiced law for 22 years, serving as a trial attorney, prosecutor, public defender and college instructor. From 2002 until his election to the Court of Appeals, he served as assistant McCracken County attorney.
Judge Nickell served as assistant public advocate in Graves County from 1999 to 2000 through the Department of Public Advocacy’s Paducah trial office. In 1997, he established Nickell Law Firm in Paducah. He was previously associated with the law office of Truman L. Dehner in Morehead and two Paducah law firms, Boehl, Stopher & Graves LLP and the Saladino Law Firm. From 1985 to 1986, Judge Nickell served as assistant commonwealth’s attorney for the 21st Judicial District, which is comprised of Bath, Menifee, Montgomery and Rowan counties. In addition, he has taught courses on insurance and risk management at Murray State University and on jurisprudence at the University of North Carolina at Chapel Hill.
In 1995, the Kentucky Bar Association named Judge Nickell an Outstanding Kentucky Young Lawyer.
A native and resident of McCracken County, Judge Nickell graduated from Paducah Tilghman High School in 1977. He earned a Bachelor of Arts degree from DePauw University in 1981, majoring in both political science and communications. At DePauw, he served as student body president and was the recipient of the Walker Cup, which faculty present annually to the graduating senior who has contributed most to the campus community. He subsequently served on the DePauw Board of Trustees. Judge Nickell earned his juris doctor degree from the University of Kentucky College of Law in 1984, where he served as president of the student bar association.
Judge Nickell served as district governor for District 43K of the International Association of Lions Clubs and as president of the Paducah Lions Club. He is a recipient of the organization’s Finis Davis and Melvin Jones awards and is a trustee on the Kentucky Lions Eye Foundation. He is an Eagle Scout and a board member for the Shawnee Trails Boy Scout Council. He has been involved in numerous other civic organizations, including the Chamber of Commerce, Elks Club, Masons, Habitat for Humanity, Ducks Unlimited, and National Wild Turkey Federation.
Judge Nickell is a deacon and adult Sunday school teacher at the Heartland Worship Center (Southern Baptist) in Paducah. He previously served as music director at Concord United Methodist Church in Paducah and is a member of Gideons International.
Judge Nickell was married to the late Lana Jean “Jeanne” (King) Nickell, a schoolteacher, administrator and counselor who died in 2001. He is the son of Carl Duane “Red” Nickell and Anna June (Starrett) Nickell, who are retired educators.
Judge Kelly Thompson
Judge Kelly Thompson was elected to the Kentucky Court of Appeals in November 2006. He represents Division 2 of the 2nd Appellate District, which is comprised of Barren, Breckinridge, Bullitt, Daviess, Grayson, Hancock, Hardin, Hart, Henderson, LaRue, Meade, Ohio, Union and Warren counties.
Judge Thompson practiced law in Bowling Green from 1974 until his election in 2006. He was the chief public advocate for the 8th Judicial District from 1976 to 1999, and he twice served on the board of directors for the Bowling Green-Warren County Bar Association. He was chief trial counsel for the Kentucky Department of Highways in Hardin County from 1972 to 1973 and served as law clerk for the Kentucky Court of Appeals from 1973 to 1974.
Judge Thompson graduated from Western Kentucky University in 1968 with a bachelor’s degree and a teaching certificate. He earned his juris doctor from the University of Kentucky College of Law in 1972.
Judge Thompson has been admitted to practice before the U.S. Board of Claims and the U.S. Supreme Court. He has successful appellate experience in the 6th Circuit Court of Appeals, the Supreme Court of Kentucky and the Kentucky Court of Appeals. He is a recipient of the Kentucky Bar Association’s Donated Legal Services Recognition Award. He has been certified as a civil trial specialist by the National Board of Trial Advocacy, which is accredited by the American Bar Association to certify lawyers in civil, criminal and family law trial advocacy. Judge Thompson has also served as a board member for numerous civic organizations in Warren County.
Judge Thompson was born in 1948 and is a Warren County native. He is married to the former Victoria Golden. He has one daughter, Elizabeth, and three grandchildren.
Senior Judge William R. Harris
Judge William R. Harris of Franklin is a senior judge assigned to the Court of Appeals. He became a senior judge after retiring as a Circuit Court judge in December 2008.
Judge Harris was appointed to the circuit bench in 1989 and elected later that year to fill an unexpired term. He was elected to his first full term in 1991. He served Allen and Simpson counties.
Prior to his judicial career, Judge Harris was an attorney in private practice from 1969 until his judicial appointment in 1989. He was also previously a law clerk to U.S. District Judge Mac Swinford and served in the U.S. Air Force.
Judge Harris earned his juris doctor from the University of Kentucky College of Law.
Judge Harris and his wife, Ida, have two adult sons.
Kentucky Court of 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.
The Administrative Office of the Courts in Frankfort supports the activities of 3,800 Kentucky Court of Justice employees, including the elected offices of justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC prepares a biennial budget draft and executes the Judicial Branch budget.