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| Commonwealth v. Guffey, NO. 2004-CA-002051-MR,
COURT OF APPEALS OF KENTUCKY, May 19, 2006, Rendered
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Overview: Circuit court ruling that an administratrix was entitled to damages from the decedent's death was affirmed as the Transportation Cabinet of the Commonwealth of Kentucky owed the decedent a duty and his damages were foreseeable. The court properly considered the decedent's negligence in apportioning liability under Ky. Rev. Stat. Ann. § 411.182.
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| Commonwealth v. Spalding, NO. 2005-CA-001315-DG,
COURT OF APPEALS OF KENTUCKY, May 19, 2006, Rendered
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Overview: Circuit court's opinion was reversed; and the district court's judgment of conviction and sentence of defendant for second-offense driving under the influence was reinstated because the circuit court erred under Ky. Rev. Stat. Ann. § 23A.080 by substituting its evaluation of the evidence for that of the district court.
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| Slone v. Casey, NO. 2004-CA-002348-MR,
COURT OF APPEALS OF KENTUCKY, May 19, 2006, Rendered
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Overview: Because the disputed property passed as a matter of law to the decedent's heirs or beneficiaries upon his death, and because the administratrix had a half interest in the property as a tenant in common, the appeal, which only named the administratrix, was dismissed for failure to name indispensable parties as required by Ky. R. Civ. P. 19.02.
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| Carneal v. Commonwealth, NO. 2004-CA-001534-MR,
COURT OF APPEALS OF KENTUCKY, May 26, 2006, Rendered
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Overview: Defendant's motion for relief on the ground of incompetence from a plea of guilty but mentally ill that he entered as a juvenile to murder and other charges was timely because the limitations period of Ky. R. Crim. P. 11.42 was tolled during his minority. New evidence on his mental state created real and substantial doubt about his competency.
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| Commonwealth Transp. Cabinet, Dep't of Highways v. Sexton, NO. 2005-CA-000005-MR,
COURT OF APPEALS OF KENTUCKY, May 26, 2006, Rendered
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Overview: The Kentucky Department of Highways was liable for damage caused when a dead tree on its urban vacant lot fell onto an owner's property because the Department, as an urban landowner, owed a ministerial duty to neighbors to exercise reasonable care to prevent an unreasonable risk of harm arising from defective or unsound trees on its land.
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| Garrison v. Leahy-Auer, NO. 2004-CA-002002-MR, NO. 2004-CA-002089-MR,
COURT OF APPEALS OF KENTUCKY, May 26, 2006, Rendered
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Overview: Hospital employee allegedly made a false report to authorities that a newborn's meconium stool tested positive for drugs, which led to child's placement in foster care. Doctor was immune from civil liability for the report under Ky. Rev. Stat. Ann. §§ 620.030(1) and 620.050(1), as there was no allegation she acted in bad faith.
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| S.K. v. Commonwealth, NO. 2004-CA-002595-DG AND NO. 2004-CA-002596-DG AND NO. 2004-CA-002597-DG,
COURT OF APPEALS OF KENTUCKY, May 26, 2006, Rendered
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Overview: Since there was precedent and a clear statement in Ky. Rev. Stat. Ann. § 610.010(13) that as a general rule juvenile court jurisdiction did not extend to adults, a circuit court erred when it inferred such an extension with respect to outstanding restitution orders to former juveniles who had turned 18.
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| Target Oil & Gas Corp. v. Commonwealth, NO. 2004-CA-001947-MR,
COURT OF APPEALS OF KENTUCKY, May 26, 2006, Rendered
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Overview: Corporation had to comply with a subpoena duces tecum issued by the state's Division of Securities. Ky. Rev. Stat. Ann. § 292.460 authorized the agency's director to investigate potential securities fraud, the records sought were relevant, such investigations were not preempted by 15 U.S.C.S. § 77r, and the subpoena was not unconstitutional.
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| Warren County Citizens for Managed Growth, Inc. v. Bd. of Comm'rs , NO. 2004-CA-002251-MR AND NO. 2004-CA-002320-MR, NO. 2005-CA-000287-MR AND NO. 2005-CA-000345-MR,
COURT OF APPEALS OF KENTUCKY, May 26, 2006, Rendered
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Overview: Ordinances re-zoning land from agricultural to industrial were not an arbitrary exercise of zoning authority because when viewed in the context of county's entire comprehensive plan, county's methodology for granting map amendments satisfied requirements of Ky. Rev. Stat. Ann. ch. 100 and thus zoning decisions were within scope of city's authority.
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