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   State Courts - Kentucky - October 19, 2007

  
Hays v. Alia, NO. 2006-CA-001871-MR, COURT OF APPEALS OF KENTUCKY, October 19, 2007, Rendered
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Overview: Judgment was affirmed as evidence that child had jumped improperly on trampolines at grandparents' home two years before injury in company of mother and uncle, that neighbors did not know of child's presence on property until after accident, and that child was supposed to be supervised by grandparents presented jury question on liability.

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Lee v. Farmer's Rural Elec. Coop. Corp., NO. 2006-CA-001641-MR, COURT OF APPEALS OF KENTUCKY, October 19, 2007, Rendered
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Overview: In a wrongful death case arising out of a plane crash, because a genuine issue of material fact remained as to the question of whether the nature of the decedent's death was a foreseeable result of a utility failing to mark a power line which hung over a lake, causing said crash, the trial court erred in granting summary judgment to said utility.

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Simmons v. Commonwealth, NO. 2006-CA-000691-MR, COURT OF APPEALS OF KENTUCKY, October 19, 2007, Rendered
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Overview: Judgment was affirmed as continued questioning and detention of defendant after she was given traffic citation was not unreasonable. Officer checked defendant's license and registration, and believing that address was associated with drug activity, officer asked for consent to search car. Defendant advised officer that she had two unlicensed guns.

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Uninsured Employers' Fund v. Bradley, NO. 2006-CA-000869-MR, COURT OF APPEALS OF KENTUCKY, October 19, 2007, Rendered
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Overview: Estate obtained judgment declaring that decedent, who was killed while working for uninsured employer, had fathered child. Though uninsured employers' fund (UEF) knew of the suit and would have been a proper party, it failed to intervene; thus, it had no equitable basis to bring independent action under Ky. R. Civ. P. 60.03 to set aside judgment.

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