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| Alleman v. Commonwealth, NO. 2006-CA-001605-MR,
COURT OF APPEALS OF KENTUCKY, July 27, 2007, Rendered
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Overview: Trial court's order revoking defendant's probation was improper because it did not contain written findings setting out evidence which trial court relied on or its reasons for revoking probation, as required by Ky. Rev. Stat. Ann. § 533.050(2) and otherwise. Order stated only that probation was revoked because defendant violated the conditions.
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| Kindred Hosps. Ltd. P'ship v. Luttrell, NO. 2006-CA-000221-MR,
COURT OF APPEALS OF KENTUCKY, July 27, 2007, Rendered
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Overview: Trial court properly denied a motion by health care companies to stay proceedings in a wrongful death action pending alternative dispute resolution proceedings, because the decedent's daughter did not have actual, implied, apparent, or statutory authority to execute the ADR agreement on behalf of her mother.
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| Ledford v. Ky. Ret. Sys., NO. 2006-CA-001808-MR,
COURT OF APPEALS OF KENTUCKY, July 27, 2007, Rendered
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Overview: A decision denying an employee disability retirement benefits pursuant to Ky. Rev. Stat. Ann. § 61.600 was reversed, as the employee presented objective medical evidence supporting her claim that she was permanently incapacitated from performing her job duties by her asthma.
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| McStoots v. Commonwealth, NO. 2006-CA-000857-MR,
COURT OF APPEALS OF KENTUCKY, July 27, 2007, Rendered
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Overview: Trial court properly denied defendant's request for a new sentencing hearing pursuant to Ky. R. Civ. P. 60.02(e) and Ky. R. Crim. P. 11.42, as the Roper decision applied only to instances in which the death penalty was imposed, and defendant failed to provide any factual or legal basis for relief from his sentence.
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| Miracle v. Bell County Emergency Med. Servs., NO. 2005-CA-002205-MR,
COURT OF APPEALS OF KENTUCKY, July 27, 2007, Rendered
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Overview: Trial court properly granted appellees' motion for summary judgment as to a paramedic's wrongful termination claims, because under Ky. Rev. Stat. Ann. § 311A.170(4), the paramedic could not be allowed to continue to work after a medical director refused to supervise the paramedic, regardless of the motivation of the medical director's actions.
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| Rolan G. Taylor Funeral Home, Inc. v. Commonwealth Cabinet for Families & Children, NO. 2006-CA-001638-MR,
COURT OF APPEALS OF KENTUCKY, July 27, 2007, Rendered
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Overview: Trial court erred in distributing proceeds from the sale of property to a state agency, because the agency's lien on the property was unenforceable pursuant to Ky. Rev. Stat. Ann. § 532.164(4), as the lien resulted from a criminal action, and the agency did not have standing to enforce the lien after it was abandoned by the Commonwealth.
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