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| Abbott Labs. v. Smith, NO. 2005-CA-002546-WC,
COURT OF APPEALS OF KENTUCKY, July 28, 2006, Rendered
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Overview: Decedent's stopping to eat supper with his wife on way home after making sales calls was not substantial deviation from his duties; thus, fatal auto accident that happened after he left restaurant occurred within course of his employment, and his wife was entitled to death benefits and unpaid medical benefits under Ky. Rev. Stat. Ann. § 342.750.
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| Blose v. Humana, Inc., NO. 2005-CA-001546-MR,
COURT OF APPEALS OF KENTUCKY, July 28, 2006, Rendered
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Overview: It was error for the lower court to grant the employer's motion to dismiss under Ky. R. Civ. P. 12.02 because the court considered matters that were outside of the pleadings. Employee had established that she should be permitted to conduct additional discovery before summary judgment could issue pursuant to Ky. R. Civ. P. 56.03.
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| Commonwealth v. Esenbock, NO. 2004-CA-002467-MR, NO. 2005-CA-000181-MR,
COURT OF APPEALS OF KENTUCKY, July 28, 2006, Rendered
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Overview: Because the transportation cabinet unequivocally waived objection to venue, the circuit court could award to post-judgment interest under Ky. Rev. Stat. Ann. § 360.040 on an increased judgment from the date of an original erroneous judgment by a different court.
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| Couch v. Ky. Unemployment Ins. Comm'n, NO. 2004-CA-002141-MR,
COURT OF APPEALS OF KENTUCKY, July 28, 2006, Rendered
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Overview: Decision of the unemployment insurance commission denying an applicant unemployment benefits was reversed after review under Ky. Rev. Stat. Ann. § 341.450(1) because the applicant's ability to pass a test was not integral to the applicant's ability to work as a security guard and the applicant was terminated for a reason other than misconduct.
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| Jones v. Commonwealth, NO. 2005-CA-002333-MR,
COURT OF APPEALS OF KENTUCKY, July 28, 2006, Rendered
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Overview: Revocation of appellant's conditional discharge from prison was affirmed, pursuant to Ky. Rev. Stat. Ann. § 532.043, because, as a matter of law, when appellant was convicted as a sex offender, the three year period of conditional release automatically applied and a written order was not required.
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| Quintana v. Commonwealth, NO. 2005-CA-000341-MR,
COURT OF APPEALS OF KENTUCKY, July 28, 2006, Rendered
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Overview: Denial of defendant's motion to suppress was affirmed because the police officers were entitled to be on defendant's property to carry out a "knock and talk" procedure, and were entitled to obtain a warrant and search the home when they smelled a marijuana odor emanating from it.
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| Barger v. Commonwealth, NO. 2004-CA-002604-MR,
COURT OF APPEALS OF KENTUCKY, August 4, 2006, Rendered
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Overview: Defendant's OMVUI conviction was affirmed as investigatory stop of his vehicle was proper under the Fourth Amendment. Based on recent thefts at gas station and fact that defendant's vehicle was in its parking lot three times in two hours, under the totality of the circumstances, officer had reasonable and articulable suspicion of criminal activity.
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| Clements v. Commonwealth, NO. 2005-CA-000556-MR,
COURT OF APPEALS OF KENTUCKY, August 4, 2006, Rendered
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Overview: Ky. Rev. Stat. Ann. § 533.250, which established pretrial diversion in 1998, did not apply to defendant since he pled guilty well before the statute was enacted and because the general assembly did not make the statutes establishing pretrial diversion retroactive.
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| Whatley v. Blue Lick Apts., Ltd., NO. 2005-CA-001379-MR,
COURT OF APPEALS OF KENTUCKY, August 4, 2006, Rendered
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Overview: Trial court improperly relied on standard for business invitee situation in tenant's premises liability case. Landlord owed heightened duty of care to its tenants in contrast to the duty a landowner owed to a business invitee. Material issues of fact existed as to the reasonableness of the parties' actions, and summary judgment was improper.
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| Poe v. Commonwealth, NO. 2005-CA-000698-MR,
COURT OF APPEALS OF KENTUCKY, August 11, 2006, Rendered
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Overview: Defendant's conviction for criminal mischief under Ky. Rev. Stat. Ann. § 512.020 was affirmed as defendant was handcuffed and placed in police cruiser because he was prohibiting police officers from carrying out their duty under Ky. Rev. Stat. Ann. § 403.785, not because the officers were trying to place him under arrest.
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