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| Bulk Terminals v. Alcoa, NO. 2005-CA-002448-MR,
COURT OF APPEALS OF KENTUCKY, March 9, 2007, Rendered
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Overview: Discovery rule applied with regards to time limits of Ky. Rev. Stat. Ann. § 413.120(4) for suit seeking damages for groundwater contamination at owner's land. Because the owner knew that contamination was present when it sent a letter making a claim to its insurance company more than five years before suit was filed, case was time-barred.
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| Metzinger v. Ky. Ret. Sys., NO. 2006-CA-000423-MR,
COURT OF APPEALS OF KENTUCKY, March 9, 2007, Rendered
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Overview: Because it was clear that annuity received by injured worker was a substitute for workers' compensation benefits he was entitled to as a result of injury incident, board properly determined that injured worker had been overpaid disability benefits, and that his disability benefits were subject to offset pursuant to Ky. Rev. Stat. Ann. § 61.607.
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| Roberts v. Bucci, NO. 2006-CA-000552-ME,
COURT OF APPEALS OF KENTUCKY, March 9, 2007, Rendered
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Overview: Because the relief afforded by Ky. R. Civ. P. 60.02 as to "final judgments, orders, or proceedings" was available as to domestic relations orders if a movant set forth any of the criteria covered by the rule, contrary to a trial court's finding, it did have jurisdiction to weigh and to rule upon appellant's Ky. R. Civ. P. 60.02 motion.
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| Stewart v. Branham, NO. 2006-CA-000322-MR,
COURT OF APPEALS OF KENTUCKY, March 9, 2007, Rendered
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Overview: Because, pursuant to Ky. Rev. Stat. Ann. § 387.125, a ward's prior guardian retained a lawyer to represent the ward in a tort action, an attorney-client relationship existed between lawyer and ward. Thus, ward's substitute guardian had standing to bring legal malpractice action against lawyer based on representation of ward in tort action.
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| Wessels Co., LLC v. Sanitation Dist. No. 1 of N. Ky., NO. 2005-CA-002418-MR,
COURT OF APPEALS OF KENTUCKY, March 9, 2007, Rendered
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Overview: Because Ky. Rev. Stat. Ann. §§ 220.110(1), 220.280(1), 220.030(6), 220.515, and 220.510 clearly provided that the management, treatment, disposal, and financing of storm water runoff was a matter to be addressed by sanitation districts, the trial court properly granted summary judgment to a sanitation district and others in owners' class action.
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| Fischer v. MBNA Am. Bank, N.A., NO. 2006-CA-000525-MR,
COURT OF APPEALS OF KENTUCKY, March 16, 2007, Rendered
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Overview: Arbitration award was set aside, and the cause was remanded to the trial court because the trial court failed to determine whether a written agreement under Ky. Rev. Stat. Ann. § 417.050 existed between a bank and a credit cardholder to arbitrate their dispute, after the cardholder denied the existence of such a written agreement.
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| Hardwick v. Boyd County Fiscal Court, NO. 2006-CA-000660-MR,
COURT OF APPEALS OF KENTUCKY, March 16, 2007, Rendered
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Overview: County fiscal court's ordinance conflicted with Ky. Rev. Stat. Ann. § 68.197(3) and could not be enforced; ordinance allowed licensees whose fee was based on a percentage of net profits to be paid as a fixed amount, but did not allow same option for licensees who fee was based on compensation despite statute calling for same treatment of them.
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| Keeney v. Keeney, NO. 2005-CA-001834-MR AND NO. 2005-CA-001877-MR,
COURT OF APPEALS OF KENTUCKY, March 16, 2007, Rendered
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Overview: In a divorce action, the trial court properly imposed a constructive trust on property allegedly owned by the husband's parents, as the finding that the husband purchased the property and put the title in his parents' name in order to avoid and defraud a judgment creditor was not clearly erroneous.
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