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| Brewster v. Colgate-Palmolive Co., NO. 2004-CA-002681-MR,
COURT OF APPEALS OF KENTUCKY, July 14, 2006, Rendered
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Overview: Summary judgments entered in favor of the building owners were affirmed because plaintiff could not establish that the owners were aware of asbestos conditions in their buildings at a time that plaintiff was employed by the subcontractors to do renovation work on the buildings. Owners could thus not be liable for plaintiff's asbestosis claim.
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| Brockman v. Craig, NO. 2005-CA-001347-ME,
COURT OF APPEALS OF KENTUCKY, July 14, 2006, Rendered
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Overview: Wife was not entitled to a hearing to modify the custody agreement, pursuant to Ky. Rev. Stat. Ann. §403.340, because the agreement provided for joint custody, without a designated primary custodian, the agreement was less than two years old, and there was no showing that the child was in serious danger.
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| Cargill v. Greater Salem Baptist Church, NO. 2005-CA-001110-MR,
COURT OF APPEALS OF KENTUCKY, July 14, 2006, Rendered
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Overview: In a defamation action by former church members, because appellees' oral and written statements were privileged communications made in the absence of malice, the statements were not actionable as defamation. Therefore, the trial court did not err in granting summary judgment in favor of appellees.
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| Kearney v. City of Simpsonville, NO. 2005-CA-002052-MR,
COURT OF APPEALS OF KENTUCKY, July 14, 2006, Rendered
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Overview: Lower court's decision dismissing the former city employee's claim under the Kentucky Civil Rights Act (KCRA) was reversed because the city had a sufficient number of employees under the Ky. Rev. Stat. Ann. § 344.030(2). The city's elected officials, including the mayor and the commissioners, were employees under the KCRA.
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| Rabourn v. Commonwealth, NO. 2005-CA-000625-MR,
COURT OF APPEALS OF KENTUCKY, July 14, 2006, Rendered
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Overview: Because Ky. Rev. Stat. Ann. § 177.081 did not violate the separation-of-powers doctrine under Ky. Const. §§ 27 or 28, and the fact that the Department of Highways could have applied a lower speed design or chosen a different route did not imply that the road design was arbitrary or an abuse of discretion, the condemnation action was affirmed.
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| Commonwealth v. Filben, NO. 2004-CA-002207-DG,
COURT OF APPEALS OF KENTUCKY, July 21, 2006, Rendered
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Overview: Trial court erred in dismissing DUI case against defendant after properly suppressing breathalyzer test because police officer failed to use reasonable efforts to facilitate defendant's statutory entitlement under Ky. Rev. Stat. Ann. § 189A.103(7) to independent alcohol concentration test. Suppression of breathalyzer test was only proper sanction.
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| Elder v. Perry County Hosp., NO. 2005-CA-000591-MR AND NO. 2005-CA-001843-MR,
COURT OF APPEALS OF KENTUCKY, July 21, 2006, Rendered
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Overview: It was error for the lower court, on its own, to dismiss a malpractice claim against a hospital on forum non conveniens (fnc) grounds because the hospital had not sought dismissal on that issue. It was also error to dismiss defendant manager, on plaintiffs' motion, because there was no showing that an alternative forum was available.
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| Kimbrough v. Child Support Div. ex rel. Belmar, NO. 2005-CA-001532-MR,
COURT OF APPEALS OF KENTUCKY, July 21, 2006, Rendered
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Overview: Order that increased the father's child support obligation and allowed the mother to take credit for imputed child support to a prior-born child under Ky. Rev. Stat. Ann. § 403.212(20(g)(4) was affirmed because the state had an interest to assure that there was income for the prior-born child, and father's constitutional rights were not violated.
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| Raisor v. Burkett, NO. 2004-CA-001471-MR AND NO. 2005-CA-001171-MR AND NO. 2005-CA-001212-MR.,
COURT OF APPEALS OF KENTUCKY, July 21, 2006, Rendered
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Overview: Grandchildren were properly awarded summary judgment because the original wills by the decedents governed the grandchildren's rights as a settlement agreement entered into by the decedents' son and the decedents' housekeeper was only enforceable between the son and the housekeeper in that the grandchildren were not participants in the agreement.
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