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| Barnett v. Mercy Health Partners-Lourdes, Inc., NO. 2006-CA-000889-MR,
COURT OF APPEALS OF KENTUCKY, August 31, 2007, Rendered
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Overview: Kentucky Consumer Protection Act did not apply to personal representative's Ky. Rev. Stat. Ann. § 367.170 claim against hospital as result of surgery performed on decedent by intoxicated doctor as allegation that hospital personnel failed to advise him of problems during surgery did not constitute entrepreneurial aspect of practice of medicine.
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| Galloway v. Fletcher, NO. 2006-CA-002428-MR,
COURT OF APPEALS OF KENTUCKY, August 31, 2007, Rendered
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Overview: While Ky. Rev. Stat. Ann. § 164.005(5)(a) could be interpreted to require governor to make appointment to state university board of regents from first list of nominees, such a construction would require the first sentence of Ky. Rev. Stat. Ann. § 12.070(3) to be given no effect, and, thus, governor properly made appointment from third list.
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| Godman v. City of Fort Wright, NO. 2006-CA-000696-MR,
COURT OF APPEALS OF KENTUCKY, August 31, 2007, Rendered
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Overview: Summary judgment for city on its claim for relief against owners relating to access point to owners' property was error because, inter alia, notice to owners that the zoning administrator was revoking the temporary access did not give any basis for meaningful appellate review and owners' right to administrative review was not extinguished.
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| Lane v. Caudill-Lane, NO. 2006-CA-002436-ME,
COURT OF APPEALS OF KENTUCKY, August 31, 2007, Rendered
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Overview: Award of sole custody to wife pursuant to Ky. Rev. Stat. Ann. § 403.270, was appropriate based on the fact that wife had always been primary caregiver, not based on husband's sexual proclivity or use of pornography. Husband was entitled to unrestricted reasonable visitation because no findings were entered that it would seriously endanger child.
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| Lloyd v. CSX Transp., Inc., NO. 2006-CA-000912-MR,
COURT OF APPEALS OF KENTUCKY, August 31, 2007, Rendered
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Overview: Former employee's FELA action was improperly found to be time-barred under 45 U.S.C.S. § 56 because although the employee suspected the injuries were caused by exposure to chemicals as early as 1994 and raised that issue with his doctors, he was not diagnosed until 2001 and was given contradictory diagnoses prior to that.
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| Meyers v. Petrie, NO. 2006-CA-001112-MR,
COURT OF APPEALS OF KENTUCKY, August 31, 2007, Rendered
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Overview: Family court properly exercised its contempt powers in sentencing appellant to, inter alia, complete domestic violence counseling, even though a domestic violence order (DVO) had expired prior to the contempt hearing, because the family court was not attempting to enforce the defunct DVO but to punish appellant for his disobedience of the order.
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| Miller v. McGinity, NO. 2006-CA-000948-MR,
COURT OF APPEALS OF KENTUCKY, August 31, 2007, Rendered
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Overview: In a dissolution proceeding, an award of attorney's fees to the former wife under Ky. Rev. Stat. Ann. § 403.220 was improper because the family court considered the parties' financial situation during their marriage rather than at the time of the order, which was more than three years after the parties had separated.
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| Robinson v. Commonwealth, NO. 2005-CA-002104-MR,
COURT OF APPEALS OF KENTUCKY, August 31, 2007, Rendered
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Overview: Complicity to commit third-degree rape convictions were improper in case arising from sexual contact between defendant's boyfriend and her minor daughter because, in separate appeal, Supreme Court of Kentucky reversed boyfriend's third-degree rape conviction, and thus there was no underlying offense as required by Ky. Rev. Stat. Ann. § 502.020.
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| Std. Fire Ins. Co. v. Empire Fire & Marine Ins. Co., NO. 2006-CA-000698-MR,
COURT OF APPEALS OF KENTUCKY, August 31, 2007, Rendered
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Overview: The insurer of a company that repossessed a leased car was entitled to reimbursement from the insurer of the car (IC) for the sums paid to parties injured in an accident during the repossession of the car because the IC's policy provided primary liability insurance for the accident where the IC's "other insurance" clause was a "pro rata" clause.
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| T.N.H. v. J.L.H., NO. 2006-CA-001288-ME AND NO. 2006-CA-001736-ME,
COURT OF APPEALS OF KENTUCKY, August 31, 2007, Rendered
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Overview: Cabinet for Health and Family Services failed to establish grounds for terminating mother's parental rights; termination could not be based on mother's prior behavior without objective assessment of psychological and mental capacity to develop required parenting abilities where age and emotional immaturity contributed to lack of parenting skills.
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