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| Frazier v. Morsey, Inc., NO. 2006-CA-000895-WC,
COURT OF APPEALS OF KENTUCKY, January 19, 2007, Rendered
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Overview: Decision of the Kentucky Workers' Compensation Board was reversed, and the matter was remanded for an award because the Board improperly determined the date that a widow's benefits were to have terminated as the benefits were to have terminated under Ky. Rev. Stat. Ann. § 342.730(4) a month after the widow would have turned age 62.
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| Van Winkle v. Petry, NO. 2006-CA-000066-ME,
COURT OF APPEALS OF KENTUCKY, January 19, 2007, Rendered
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Overview: A trial court erred in awarding grandparents additional visitation, as they had not petitioned for such relief under Ky. Rev. Stat. Ann. § 405.021, the trial court did not find that additional visitation would be in the children's best interest, and it did not consider the Vibbert factors.
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| Beal v. Ky. Bar Ass'n, 2006-SC-000918-KB,
SUPREME COURT OF KENTUCKY, January 25, 2007, Entered
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Overview: When an attorney admitted violating numerous rules of professional conduct and he violated additional rules, for which he sought a two-year suspension, the supreme court did not independently review the matter, under Ky. Sup. Ct. R. 3.370(9), when the Kentucky Bar Association did not object to the proposed suspension, so the attorney was suspended.
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| Cain v. Abramson, 2006-SC-000477-MR,
SUPREME COURT OF KENTUCKY, January 25, 2007, Rendered
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Overview: Defendant had no right to counsel under the Sixth Amendment or Ky. Const. § 11 during a psychiatric evaluation, as such an examination, ordered by the trial court pursuant to Ky. R. Crim. P. 7.24(3)(B)(ii) after he filed notice of his intent to assert mental illness as defense, was not a "critical stage" in the criminal proceedings.
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| Cogan v. Ky. Bar Ass'n, NO. 2006-SC-000639-KB,
SUPREME COURT OF KENTUCKY, January 25, 2007, Entered
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Overview: Because a suspended attorney met all the requirements in Ky. Sup. Ct. R. 3.500(1) for restoration of membership, the attorney was restored to membership in the Kentucky Bar Association and to the practice of law, subject to payment of all required bar dues and all costs associated with the proceeding in excess of the filing fee.
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| Cumberland Valley Contrs., Inc. v. Bell County Coal Corp., NO. 2000-SC-000951-DG AND NO. 2004-SC-001121-DG,
SUPREME COURT OF KENTUCKY, January 25, 2007, Rendered
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Overview: Contract clause providing company was not liable to contractor for damage to its property due to floods in mine was not void as against public policy, as parties were sophisticated and had equal bargaining power and, as "operators" of the mine, were each responsible under Ky. Rev. Stat. Ann. § 352.450 to prepare accurate mining projection maps.
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| Ky. Bar Ass'n v. Geller, NO. 2006-SC-000793-KB,
SUPREME COURT OF KENTUCKY, January 25, 2007, Entered
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Overview: When an attorney violated Ky. Sup. Ct. R. 3.130(1.3), (1.4)(a), (8.3)(c), and (8.1)(b) by accepting a client's fee to file a divorce, telling her a divorce was granted when he never filed a petition, and failing to respond to a disciplinary authority's request for information, he was permanently disbarred, given his history of ethical violations.
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| Bloxam v. Berg, NO. 2005-CA-002191-MR,
COURT OF APPEALS OF KENTUCKY, January 26, 2007, Rendered
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Overview: In a case in which patient sued his anesthesiologist, trial court properly granted a motion in limine to exclude testimony by witness concerning alleged marijuana use by anesthesiologist. Introduction of witness's testimony served no purpose other than to present the jury with habit evidence which was impermissible at the time of trial.
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| Finley v. DBM Techs., NO. 2006-CA-001132-WC,
COURT OF APPEALS OF KENTUCKY, January 26, 2007, Rendered
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Overview: As claimant's congenital scoliosis was asymptomatic and required no treatment until aggravated by a work-related back injury, an administrative law judge erred in denying her medical benefits for the scoliosis under Ky. Rev. Stat. Ann. § 342.020 without first determining whether it was temporarily or permanently aroused by her work-related injury.
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| Hamilton Mut. Ins. Co. v. Buttery, NO. 2005-CA-000233-MR AND NO. 2005-CA-000426-MR,
COURT OF APPEALS OF KENTUCKY, January 26, 2007, Rendered
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Overview: As an insurer's duty under Kentucky's Unfair Claims Settlement Practices Act, Ky. Rev. Stat. Ann. § 304.12-230, to deal fairly with its insured did not end when the insured sued it for bad faith, the insurer was not entitled to summary judgment as to the claims arising from its actions and omissions following the insured's filing of the lawsuit.
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