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| Batts v. Ill. Cent. R.R., NO. 2005-CA-001594-MR,
COURT OF APPEALS OF KENTUCKY, March 2, 2007, Rendered
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Overview: An executrix seeking substitution in her deceased husband's claim complied with Ky. Rev. Stat. Ann. § 395.278's one-year time limit for doing so, when she sought substitution after her appointment as executrix was signed but before the clerk entered it, because Ky. Rev. Stat. Ann. § 395.105 provided that the appointment was effective when signed.
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| Chenault v. Commonwealth, NO. 2006-CA-001088-MR,
COURT OF APPEALS OF KENTUCKY, March 2, 2007, Rendered
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Overview: Because officer's initial traffic stop of defendant had not been completed in 14 minutes before K-9 unit arrived, appellate court found no unreasonable or unjustified detention, or any other constitutional implications. Positive indication by properly-trained dog was sufficient to establish probable cause for presence of a controlled substance.
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| Estate of Turner v. Globe Indem. Co., NO. 2005-CA-002580-MR,
COURT OF APPEALS OF KENTUCKY, March 2, 2007, Rendered
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Overview: Because an employee chose to drive his own vehicle even though serviceable fleet vehicles were available, the employee's administratrix did not present the evidence necessary to create an issue of fact in support her claim for UIM coverage; therefore, the trial court properly granted summary judgment to the employer's insurer.
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| Fuston v. Commonwealth, NO. 2006-CA-000299-MR,
COURT OF APPEALS OF KENTUCKY, March 2, 2007, Rendered
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Overview: Counsel's failure to claim protection against burglary, under Ky. Rev. Stat. Ann. § 503.080(2)(b), was not ineffective assistance because of the issues involved, as self-protection was argued, but whether counsel should have argued that the domestic violence exception to serving 85 percent of a sentence applied to defendant should have been heard.
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| Hensley v. Commonwealth, NO. 2005-CA-001684-MR,
COURT OF APPEALS OF KENTUCKY, March 2, 2007, Rendered
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Overview: Indictment charging defendant, inter alia, with burglary second degree was not dismissed because his counsel's notes regarding the terms of a plea agreement were not made part of the record on appeal and a sheriff's testimony that defendant had to return all the stolen items, which he did not do, was substantial evidence of the agreement's terms.
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| Jackson v. Tullar, NO. 2005-CA-001006-MR, NO. 2005-CA-001140-MR,
COURT OF APPEALS OF KENTUCKY, March 2, 2007, Rendered
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Overview: As there could be no punitive damages absent proximate cause, and Ky. Rev. Stat. Ann. § 413.241(1) provided that a dram shop's sale of alcohol could not be the proximate cause of any injury caused by an intoxicated tortfeasor, a trial court erred by awarding a passenger who was injured by a drunk driver punitive damages against a nightclub.
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| Park v. Commonwealth, NO. 2006-CA-000145-MR,
COURT OF APPEALS OF KENTUCKY, March 2, 2007, Rendered
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Overview: Because the checks written by defendant were drawn upon an account that was not authorized for writing checks, they were negotiated without proper legal authority; consequently, because the checks fell under former Ky. Rev. Stat. Ann. § 368.100(6), the trial court did not err by failing to dismiss the charges against defendant.
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| Randall v. Stewart, NO. 2006-CA-001254-ME,
COURT OF APPEALS OF KENTUCKY, March 2, 2007, Rendered
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Overview: An alleged victim had no standing to seek a domestic violence order against her alleged attacker because they were not an "unmarried couple," under Ky. Rev. Stat. Ann. § 403.720, absent evidence they had sexual relations while living together, shared income or expenses, jointly owned or used property, or presented themselves as husband and wife.
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| Rippetoe v. Feese, NO. 2005-CA-002606-MR,
COURT OF APPEALS OF KENTUCKY, March 2, 2007, Rendered
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Overview: Sufficient credible testimony was produced, from a chiropractor and neurosurgeon, concerning injured party's pre-existing degenerative disc disease to justify a conclusion that the injured party's condition and medical treatment did not result from the automobile accident admittedly caused by the driver, and to justify jury's award of zero damages.
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| Stephenson v. State Farm Ins. Co., NO. 2005-CA-001199-MR,
COURT OF APPEALS OF KENTUCKY, March 2, 2007, Rendered
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Overview: Carrier was estopped from denying insured no-fault benefits by its response to insured's counsel that it would be providing no-fault coverage, by which carrier effectively foreclosed insured's option to bring a claim against Unassigned Claims Bureau. Insured clearly relied on carrier's statement that it would be providing no-fault benefits.
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