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| Allen v. Thomas, NO. 2005-CA-000305-MR,
COURT OF APPEALS OF KENTUCKY, July 7, 2006, Rendered
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Overview: Appellee and general public were not entitled to prescriptive easement over owners' property, as owners' efforts to keep trespassers from using roadway over their land interrupted the running of Ky. Rev. Stat. Ann. § 413.010's 15-year prescriptive period, and sporadic use by hunters and fishermen was not equivalent to use by the "general public."
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| Barrow v. Lexington-Fayette Urban County Civ. Serv. Comm'n, NO. 2005-CA-001118-MR,
COURT OF APPEALS OF KENTUCKY, July 7, 2006, Rendered
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Overview: A civil service commission could discharge an employee for his refusal to answer questions concerning his employment where the employee was not required to waive his right against self-incrimination.
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| Bledsaw v. Dennis, NO. 2005-CA-000903-MR,
COURT OF APPEALS OF KENTUCKY, July 7, 2006, Rendered
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Overview: Because an injured person had no injuries which were revealed by the x-rays which were taken during her second emergency room visit several days after a car accident, the jury's verdict, which awarded nothing for pain and suffering, was supported by the evidence. Thus, the trial court properly denied a new trial under Ky. R. Civ. P. 59.01(d).
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| Cabinet for Health & Family Servs. v. R.H., NO. 2005-CA-002315-ME,
COURT OF APPEALS OF KENTUCKY, July 7, 2006, Rendered , July 7, 2006, Rendered
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Overview: Order excluding evidence of identity of perpetrator of sexual abuse of infant's sibling that resulted in removal of siblings from home under doctrine of issue preclusion was vacated as perpetrator's identity was not determined in prior proceeding; identity was not material to finding of abuse or neglect under Ky. Rev. Stat. Ann. § 600.020(1).
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| Cherry v. Augustus, NO. 2004-CA-001496-MR AND NO. 2004-CA-001730-MR,
COURT OF APPEALS OF KENTUCKY, July 7, 2006, Rendered
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Overview: The time in which to enforce a reinstatement order, under Ky. Rev. Stat. Ann. § 413.120(2), was tolled by a court order setting it aside, as an employee could not have enforced it then. Res judicata barred a sheriff's claims dismissed on jurisdictional grounds which were not then refiled under the savings statute, Ky. Rev. Stat. Ann. § 413.270(1).
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| S.L.T. v. R.J.C., NO. 2005-CA-001391-ME,
COURT OF APPEALS OF KENTUCKY, July 7, 2006, Rendered
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Overview: Family court properly issued a domestic violence order restraining a father, under Ky. Rev. Stat. Ann. § 403.750, because the court did not consider hearsay evidence and the testimony of a mother and a social worker supported the court's ruling that a preponderance of the evidence showed that domestic violence had occurred and could occur again.
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