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| Bizzack v. Hume, NO. 2004-CA-002592-MR AND NO. 2004-CA-002676-MR,
COURT OF APPEALS OF KENTUCKY, April 7, 2006, Rendered
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Overview: Further consideration was required concerning the approval of a zoning change authorized by a county court, because it was uncertain whether the motion for a zone change was barred by res judicata, as the county court failed to determine whether there had been changes since the decision in a prior case concerning the same property.
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| Commonwealth v. C.V., NO. 2005-CA-000923-ME,
COURT OF APPEALS OF KENTUCKY, April 7, 2006, Rendered
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Overview: Although an agency was not required to amend its permanency goal from reasonable efforts/reunification to termination/adoption prior to the filing the termination petition, because the agency failed to prove the requirements for termination in Ky. Rev. Stat. Ann. § 625.090, the trial court properly dismissed its petition.
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| Dunlap v. Commonwealth, NO. 2004-CA-002058-DG,
COURT OF APPEALS OF KENTUCKY, April 7, 2006, Rendered
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Overview: Defendant's motions to suppress DUI arrest were properly denied since seat belt safety roadblock, which was sole reason for stopping defendant's vehicle, was not prohibited by Ky. Rev. Stat. Ann. § 189.125(7)'s restriction against stopping vehicles solely for seat belt violations; roadblock did not violate Ky. Const. § 10 search and seizure rights.
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| Houston v. Fletcher, NO. 2005-CA-000015-MR,
COURT OF APPEALS OF KENTUCKY, April 7, 2006, Rendered
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Overview: Because an inmate failed to attach documentation setting forth the grounds for three of his four appeals, the inmate failed to establish that he had exhausted his administrative remedies as required by Ky. Rev. Stat. Ann. § 454.415(1).
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| Hugenberg v. W. Am. Ins. Company/ Ohio Cas. Group, NO. 2004-CA-001472-MR, 2004-CA-001490-MR, 2004-CA-001491-MR, 2004-CA-002127-MR, 2004-CA-002172-MR,
COURT OF APPEALS OF KENTUCKY, April 7, 2006, Decided
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Overview: Insufficient evidence showed a car's driver's parents knew a need to keep him from drinking and driving or could, and their insurer's liability for injury from the driver's driving was excluded. A fact question on the car owner's consent to the driver's use barred summary judgment for the owner's insurer, under Ky. Rev. Stat. Ann. § 304.39-080.
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| Jefferson County Pub. Schs./Jefferson County Bd. of Educ. v. Stephens, NO. 2005-CA-001677-WC,
COURT OF APPEALS OF KENTUCKY, April 7, 2006, Rendered
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Overview: Workers' compensation board properly affirmed an award of benefits to an employee, as a school district failed to present evidence which showed that the employee's fall was caused by preexisting medical conditions, and thus the district failed to rebut a presumption that the unexplained fall arose out employment.
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| Marrs Elec. Co. v. Rubloff Bashford, LLC, NO. 2004-CA-002429-MR,
COURT OF APPEALS OF KENTUCKY, April 7, 2006, Rendered
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Overview: Subcontractor's appeal of the denial of motion to amend a judgment to add prejudgment interest in relation to an action concerning a mechanic's lien was dismissed because the subcontractor failed to file the appeal of the underlying judgment during the 30-day time period for appeal under Ky. R. Civ. P. 73.02.
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| Tri-County Nat'l Bank v. Greenpoint Credit, LLC, NO. 2005-CA-000013-MR,
COURT OF APPEALS OF KENTUCKY, April 7, 2006, Rendered
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Overview: Bank's negotiation of co-payee check without a payee's indorsement violated Ky. Rev. Stat. Ann. § 355.3-110(4) and entitled payee to summary judgment on conversion action under Ky. Rev. Stat. Ann. § 355.3-420; action under was not statutory warranty action under Ky. Rev. Stat. Ann. § 355.4-207(1), so 30-day notice requirement was inapplicable.
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| Ky. Bar Ass'n v. Cook, 2006-SC-0091-KB,
SUPREME COURT OF KENTUCKY, April 11, 2006, Entered
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Overview: Because an attorney was one to two hours late for a mandatory legal education program due to car trouble, the attorney did not show cause why he should not be suspended from the practice of law or otherwise sanctioned; however, in lieu of suspension, pursuant to Ky. Sup. Ct. R. 3.652(5), a $300 fine was imposed for his non-compliance.
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