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| Doe v. Potter, NO. 2006-CA-001873-OA,
COURT OF APPEALS OF KENTUCKY, October 27, 2006, Rendered
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Overview: Class sued diocese for sexual abuse allegedly committed by its priests. By seeking monetary relief through court system, class members waived any right to preclude court from reporting to prosecutors crimes forming basis of their claims; however, writ of prohibition was granted to extent of barring the reporting of victims' names and addresses.
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| J.D. v. Commonwealth, NO. 2005-CA-002493-DG,
COURT OF APPEALS OF KENTUCKY, October 27, 2006, Rendered
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Overview: Although a juvenile was advised of his constitutional rights at a detention hearing on one charge, he was not apprised of his rights under Boykin and Ky. Rev. Stat. Ann. § 610.080(1) when he entered a plea to additional charges; consequently, because the juvenile's plea was not voluntary, a circuit court erred in affirming the district court.
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| Robinson v. Lansford, NO. 2004-CA-000325-MR, NO. 2004-CA-000351-MR,
COURT OF APPEALS OF KENTUCKY, October 27, 2006, Rendered
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Overview: Appellant, whose car was rear-ended by appellee's vehicle, was entitled to a new trial under Ky. R. Civ. P. 59.01(h), as an inappropriate "sudden emergency" instruction the trial court gave the jury erroneously qualified appellee's duties to use due care, and constituted reversible error.
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| Cook v. Envtl. & Pub. Prot. Cabinet, NO. 2005-CA-000705-MR,
COURT OF APPEALS OF KENTUCKY, November 3, 2006, Rendered
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Overview: Circuit court's affirmance of decision by Secretary of Natural Resources and Environmental Protection Cabinet to suspend rather than revoke mining permits was affirmed. Secretary had authority under Ky. Rev. Stat. Ann. § 350.050 and 405 Ky. Admin. Regs. 5:095, § 1(14) to make such a decision, and record showed that the decision was not arbitrary.
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| Dollar Gen. Partners v. Upchurch, NO. 2005-CA-001703-MR,
COURT OF APPEALS OF KENTUCKY, November 3, 2006, Rendered
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Overview: When plaintiff, who had been terminated in violation of Ky. Rev. Stat. Ann. § 342.197, returned to school, thereby removing himself from the workforce, he was entitled to back pay only up to and including the date he no longer actively sought employment. Because he had actively stopped seeking employment, he was not entitled to front pay.
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| King v. Campbell County, NO. 2005-CA-001841-MR,
COURT OF APPEALS OF KENTUCKY, November 3, 2006, Rendered
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Overview: Occupational license fee ordinance and Ky. Rev. Stat. Ann. § 68.197 were constitutionally valid because when fee was first imposed under public question ballot, county was not required to give taxpayers credit for city fees and retroactive restoration of that provision had legitimate purpose and did not violate due process or local act prohibition.
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| Louisville/Jefferson County Metro Gov't v. City of Prospect, NO. 2005-CA-001235-MR, NO. 2005-CA-001305-MR,
COURT OF APPEALS OF KENTUCKY, November 3, 2006, Rendered
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Overview: Since Ky. Rev. Stat. Ann. § 81A.005 did not preclude annexation of the property at issue, it was apparent that a county's 16-year delay in enacting an ordinance to annex the property was inexcusable as a matter of law. Thus, a city's annexation of the property was proper.
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| Pennington v. Jenkins-Essex Constr., Inc., NO. 2005-CA-001652-MR,
COURT OF APPEALS OF KENTUCKY, November 3, 2006, Rendered
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Overview: Under Ky. Rev. Stat. Ann. §§ 342.610 and 342.690, an "up-the-ladder" general contractor was properly granted summary judgment in a negligence suit filed by its subcontractor's injured worker; even though it did not prove it had workers' compensation insurance covering the worker, it proved the subcontractor had secured such coverage for him.
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| Poore v. Nationwide Mut. Ins. Co., NO. 2005-CA-002187-MR,
COURT OF APPEALS OF KENTUCKY, November 3, 2006, Rendered
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Overview: Trial court orders that Indiana law rather than Kentucky law would apply to widow's action that sought to stack UIM benefits under two insurance policies were affirmed. The deceased named insured resided in Indiana and under the most significant relationship test, that fact was determinant in deciding which state's law on stacking applied.
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