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| Cummings v. Covey, NO. 2005-CA-001584-MR,
COURT OF APPEALS OF KENTUCKY, July 6, 2007, Rendered
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Overview: Trial court properly limited attorney fees awarded to beneficiaries who brought claim against estate executrix alleging wrongful expenditure of estate monies to be paid only from funds recovered from executrix pursuant to judgment against her because Ky. Rev. Stat. Ann. § 412.070(1) allowed the award of attorney fees only from recovered funds.
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| Lawson v. Ky. Ret. Sys., NO. 2006-CA-001389-MR,
COURT OF APPEALS OF KENTUCKY, July 6, 2007, Rendered
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Overview: Judgment affirming determination that retiree was not permitted to change retirement payment option was proper because there was no evidence that the retirement systems was negligent or that information provided to retiree was erroneous, and Ky. Rev. Stat. Ann. § 61.590(3), limiting time to change payment option, was not vague or ambiguous.
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| Morgan Keegan & Co. v. Force, NO. 2006-CA-000311-ME,
COURT OF APPEALS OF KENTUCKY, July 6, 2007, Rendered
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Overview: Denial of firm's motion to compel arbitration in investor's suit arising from investment transactions was proper because, by designating Tennessee law as overriding governing law in client agreement, parties agreed that Tennessee law governed, and Tennessee prohibited an arbitrator from deciding claims of fraud in the inducement of contract.
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| Rhodes v. Pederson, NO. 2006-CA-000909-MR,
COURT OF APPEALS OF KENTUCKY, July 6, 2007, Rendered
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Overview: Dismissal of dissolution of marriage case after wife's death while case was pending and before entry of decree was proper because divorce case was strictly personal, and all issues attending thereto were terminated on death of either party. No law in Kentucky supported conclusion that divorce action may have been revived after a party's death.
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| Wilson v. Commonwealth, NO. 2006-CA-000491-MR,
COURT OF APPEALS OF KENTUCKY, July 6, 2007, Rendered
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Overview: Denial of motion to suppress evidence was error because, inter alia, there was no proof or confirmation regarding scope of defendant's consent other than detective's claim, and if defendant had consented to a search of the entire building over the phone, there would have been no need for the later conduct of police to obtain a search warrant.
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| Arnold v. Patterson, NO. 2006-CA-001280-MR,
COURT OF APPEALS OF KENTUCKY, July 13, 2007, Rendered
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Overview: Because the second neighbors' deed covering a disputed gully was supported by three surveys and a professional title opinion, and the first neighbors' deed was not, and because the first neighbors should have raised the issue in a prior litigation, the trial court properly quieted title in the gully to the second neighbors.
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| CSX Transp., Inc. v. Moody, NO. 2005-CA-001494-MR,
COURT OF APPEALS OF KENTUCKY, July 13, 2007, Rendered
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Overview: In a Federal Employer's Liability Act, 45 U.S.C.S. § 51-60, action, an employee presented sufficient evidence both as to his level of exposure and that necessary to cause his toxic encephalopathy to conclude that an employer knew or should have known that the employee's use of solvents without proper precautions could cause permanent injury.
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| G&J Pepsi-Cola Bottlers v. Fletcher, NO. 2003-CA-000129-MR,
COURT OF APPEALS OF KENTUCKY, July 13, 2007, Rendered, July 13, 2007, Entered
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Overview: Judgment finding that employer had no subrogation rights against UM/UIM benefits paid to injured employee was proper because Ky. Rev. Stat. Ann. § 342.700(1) allowed subrogation against the third-party tortfeasor, and a payment made in performance of a contractual obligation was not a payment of "damages."
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| Nat'l Check Bureau, Inc. v. Irby, NO. 2006-CA-000700-MR,
COURT OF APPEALS OF KENTUCKY, July 13, 2007, Rendered
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Overview: Even though two of a company's three claims against a credit card debtor did not meet the amount in controversy limit in Ky. Rev. Stat. Ann. § 24A.120(1), it could aggregate the claims in the same action under Ky. R. Civ. P. 18.01.
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| Wireman v. Perkins, NO. 2006-CA-001981-ME,
COURT OF APPEALS OF KENTUCKY, July 13, 2007, Rendered
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Overview: Father's motion to compel mother to take child to services at father's church during her visitation was properly denied because both parents retained rights to convey religious or other fundamental beliefs to their children. Ky. Rev. Stat. Ann. § 403.330 did not apply because mother did not challenge father's right to take child to his church.
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