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| Follett v. Gateway Reg'l Health Sys., NO. 2006-CA-000855-MR,
COURT OF APPEALS OF KENTUCKY, July 20, 2007, Rendered
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Overview: Summary judgment for an employer and CEO in an employee's wrongful discharge claim was error because, inter alia, the employee testified that she advised members of her staff to report their suspicions of the employer's billing irregularities, and her failure to do so would have resulted in her violation of Ky. Rev. Stat. Ann. § 311.990(6).
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| Gussler v. Commonwealth, NO. 2006-CA-000754-MR,
COURT OF APPEALS OF KENTUCKY, July 20, 2007, Rendered
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Overview: Appellant's Ky. R. Crim. P. 11.42 motion for new sentencing hearing was properly denied because, although a recent decision found death sentences for juveniles between 15 and 18 unconstitutional, that holding did not affect a sentence of life imprisonment without possibility for parole for minimum of 25 years, which was appellant's sentence.
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| Land v. Commonwealth, NO. 2006-CA-001099-MR,
COURT OF APPEALS OF KENTUCKY, July 20, 2007, Rendered
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Overview: Trial court did not err in denying defendant's motion for mistrial due to the admission of evidence, during sentencing, of a charge on which he was not convicted because the Commonwealth was not prohibited from divulging some details of the charge as part of evidence of prior offenses under Ky. Rev. Stat. Ann. § 532.055(2)(a)(2).
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| McClendon v. Hodges, NO. 2007-CA-000488-MR,
COURT OF APPEALS OF KENTUCKY, July 20, 2007, Rendered
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Overview: The trial court erred in concluding that there was pervasive fraud requiring the entire mayoral election to be set aside under Ky. Rev. Stat. Ann. § 120.165 because all of the illegal votes came from a single district. Thus, the better alternative was to void the walk-in absentee votes from that district.
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| Rager v. Crawford & Co., NO. 2006-CA-002184-WC,
COURT OF APPEALS OF KENTUCKY, July 20, 2007, Rendered
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Overview: Denial of motion for award of attorney's fee from employer in its motion to reopen worker's compensation settlement was proper because Ky. Rev. Stat. Ann. § 342.320 allowed attorney fees only from employee or from recovery absent grounds for sanctions. ALJ found that employer had reasonable grounds for reopening and that ruling was not appealed.
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| Taylor v. O'Neil, NO. 2005-CA-001301-MR AND NO. 2005-CA-001385-MR AND NO. 2005-CA-001438-MR,
COURT OF APPEALS OF KENTUCKY, July 20, 2007, Rendered
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Overview: In a wrongful death action, because the city and its police detective did not improperly strike black jurors, the detective's use of deadly force was justified, the jury was properly instructed, and the remarks made in the opening statement by the detective's counsel did not warrant a mistrial, the judgment against the decedent's estate was upheld.
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| UPS, Inc. v. Anderson, NO. 2006-CA-002630-WC,
COURT OF APPEALS OF KENTUCKY, July 20, 2007, Rendered
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Overview: Workers' compensation award of permanent partial disability benefits was proper because the ALJ was free to rely on one doctor's opinion as to causation but that of a different doctor as to impairment and to find that worker had a pre-existing, dormant condition which was aroused by his work as a package handler into a disabling disease.
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