Kentucky Supreme Court Decisions 2017

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals reversing the judgment of the trial court in this action arising from a construction dispute. Two subcontractors - the steel…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the judgment of the trial court convicting Defendant of trafficking in four or more grams of cocaine. On appeal, Defendant argued that he was…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of three counts of violating a protective order, kidnapping, two counts of first-degree unlawful imprisonment and other offenses. On…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court sentencing Defendant to life in prison without the possibility of parole for twenty-five years for two counts of murder, two counts of first-degree robbery,…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convicting Defendant of one count of first-degree assault, eleven counts of first-degree criminal abuse, and one count of second-degree assault and sentencing…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the opinion of the court of appeals reversing the unanimous jury verdict in Defendant's favor on a personal injury action brought by Plaintiff. Plaintiff was…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the opinion of the court of appeals reversing the judgment of the trial court in this case filed by Plaintiff requesting that Smokey Hollow Road in Bath County be…

Justia Opinion Summary: In Kentucky, an attorney’s contingent-fee contracts should be considered marital property to be divided as part of the equitable division of the marital estate, and trial courts must apply the delayed-distribution method…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convicting Defendant of first-degree trafficking in a controlled substance over two grams and of being a first-degree persistent felony offender and sentencing…

Justia Opinion Summary: This matter was before the Kentucky Supreme Court on remand pursuant to the opinion of the United States Supreme Court in Kindred Nursing Centers Ltd. Partnership v. Clark, 137 S. Ct. 1421 (2017). The United States…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court dismissing Appellants’ appeal of a Georgetown-Scott County Planning Commission for lack of jurisdiction. The…

Justia Opinion Summary: Contrary to the conclusion of the court of appeals in this medical malpractice action, Plaintiff’s failure to produce expert evidence was fatal to his claim and summary judgment was properly granted to…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of robbery in the first degree, first-degree possession of a controlled substance, and use of drug paraphernalia. The court held (1) the…

Justia Opinion Summary: The Supreme Court affirmed the opinion of the court of appeals remanding this matter to the circuit court for entry of an order requiring Utility Management Group, LLC (UMG) to comply with the Open Records Act, Ky. Rev.…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court affirming the district court’s dismissal of this action filed by Big Sandy Regional Jail Authority against the Lexington-Fayette Urban County Government…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court sentencing him to twenty years’ imprisonment for first-degree robbery, receiving stolen property, and other offenses. The court held (1) the trial court did…

Justia Opinion Summary: The Supreme Court affirmed the opinion of the court of appeals reversing the trial court’s grant of summary judgment in favor of Plaintiff in this civil action asserting the tort of conversion and remanded the case to…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the circuit court convicting Defendant of manslaughter in the second degree and tampering with physical evidence. The court held…

Justia Opinion Summary: Patients do not have a cause of action against a hospital for the negligent credentialing of a non-employee physician who is given staff privileges by the hospital because Kentucky law does not recognize the tort of…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court denying the University of Louisville’s (U of L) immunity against suit in this case. After Mark Rothstein’s…

Justia Opinion Summary: The Supreme Court affirmed the decisions of the lower courts in this action brought by Janet Cropper against her former employers - the Roman Catholic Diocese of Covington, Saint Augustine School, and the pastor of the…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of murder and first-degree arson and sentencing him to two concurrent terms of life imprisonment. Contrary to Defendant’s arguments on…

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals ruling in favor of Appellee in this prison discipline case and reinstated the trial court’s order denying Appellee’s pro se declaration of rights action in…

Justia Opinion Summary: The Supreme Court affirmed the opinion of the court of appeals, which affirmed the decisions of the Workers’ Compensation Board and the Administrative Law Judge (ALJ) holding that Kathy Prichard was entitled to reopen…

Justia Opinion Summary: The Supreme Court vacated the opinion of the court of appeals ruling that the circuit court prematurely granted specific performance of an option contract because disputed issues of fact material to that form of relief…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals reversing the trial court’s dismissal of Plaintiff’s claims. Plaintiff sued Defendant, which uses warehouses in Jefferson…

Justia Opinion Summary: The Supreme Court reversed the opinion of the court of appeals affirming the circuit court’s order denying Appellants’ separate motions to suppress evidence. As grounds for their motions, Appellants claimed that law…

Justia Opinion Summary: In these consolidated appeals, the Supreme Court affirmed the convictions of Lonnie Conyers, Roy Tucker, and Joseph Hardy. Defendants were all found guilty of two counts of first-degree burglary following a joint jury…

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order rejecting the Board of Trustees of the Kentucky Schools Boards Insurance Trust’s (KSBIT) claim of governmental immunity and thus denying its motion for summary…

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the judgment of the trial court finding Appellant guilty of escape and fleeing or evading police and finding him to be a first-degree persistent…

Justia Opinion Summary: The Supreme Court affirmed the judgment convicting and sentencing Defendant to twenty years’ imprisonment for first-degree robbery, receiving stolen property, first-degree possession of a controlled substance, and…

Justia Opinion Summary: The court of appeals did not err in reversing the circuit court’s judgment that Anne Talley and Daniel Paisley were to share equally in the proceeds of sale of their jointly owned real property based on their respective…

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the trial court’s grant of summary judgment to a subdivision developer (Developer) in this suit filed by the Majestic Oaks Homeowners Association…

Justia Opinion Summary: The Supreme Court affirmed the conclusion of an administrative law judge (ALJ), the Workers’ Compensation Board, and the Court of Appeals that Luis Lopez, an uninsured employer, was properly notified of Isaias…

Justia Opinion Summary: The Board of Commissioners of the City of Danville impermissibly went into closed session to discuss its intention to bid on real property offered for sale pursuant to an absolute auction, but the Board’s action was not…

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order denying Appellant’s Ky. R. Civ. P. 60.02 motion filed after Appellant was found guilty of three counts of murder, first-degree burglary, and first-degree robbery. In…

Justia Opinion Summary: The issue in this case was created by a 2016 amendment of the look-back period in Ky. Rev. Stat. 189A.010, Kentucky’s principal driving under the influence of alcohol (DUI) statute. The amendment increased the look-back…

Justia Opinion Summary: In this appeal, intervening statutory law enacted by the General Assembly rendered moot the legal issues decided by the circuit court. Here, the circuit court sustained the Attorney General’s challenge to Governor…

Justia Opinion Summary: The Supreme Court vacated the issuance of a domestic violence order (DVO) and remanded this case for additional proceedings, holding that the trial court’s receipt of extrajudicial evidence was structural error and that…

Justia Opinion Summary: The estate of Stephen Patton, an eighth-grader who committed suicide, filed suit against various teachers and administrators, claiming that Defendants should have known of the bullying Stephen was subjected to at school…

Justia Opinion Summary: This personal injury suit arose from a trip-and-fall at the Speedway SuperAmerica filling station in Manchester, Kentucky. The circuit court found for Plaintiffs and against the Speedway, the store’s owner, and the…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court sentencing Defendant to death for the rape and murder of Pamela Armstrong. On appeal, Defendant raised thirty-three claims of error, the first and most…

Justia Opinion Summary: When Plaintiff learned that a family occupying a residence nearby to a vacant property owned by Plaintiff was pursuing environmental claims against him, he notified his liability carrier, the Indiana Insurance Company.…

Justia Opinion Summary: Plaintiff brought a claim under Ky. Rev. Stat. 337.385 and filed a motion under Ky. R. Civ. P. 23 to certify a class action in circuit court. The circuit court denied the motion on purely legal grounds. The Court of…

Justia Opinion Summary: Steven Baytos settled his workers’ compensation injury claim with Family Dollar Stores, his employer. The settlement amount included separate consideration in exchange for Baytos’s waiver of all future claims. Two years…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court sentencing Defendant to twenty years’ imprisonment for murder and tampering with physical evidence. The court held (1) the trial court did not abuse its…

Justia Opinion Summary: Roniesha Adams, her son, and her son’s father, Barry Adams (Barry), were passengers in Milton Mitchell’s car when the car was rear ended. Mitchell and his three passengers asserted claims against State Farm, seeking…

Justia Opinion Summary: Personal-injury law firm Hughes & Coleman was entitled to quantum meruit compensation after being hired and then fired by Travis Underwood, who was injured in a car crash. Shortly after Underwood discharged Hughes &…

Justia Opinion Summary: Ordinance 14-5, which was adopted by the Lexington-Fayette Urban County Government and prohibits all beginning and soliciting from public streets or intersections within the urban-county area, is a content-based…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the Court of Appeals affirming the decision of the Workers’ Compensation Board in this workers’ compensation case. Appellant suffered a work-related injury in 2007. After she…

Justia Opinion Summary: With respect to the division of proceeds from the sale of jointly-held property when the cotenants have no agreement regarding how sale proceeds would be split, to the extent that one tenant contributed more than his or…

Justia Opinion Summary: KESA, the Kentucky Workers’ Compensation Fund, on behalf of its insureds, filed five separate medical fee disputes against the Injured Workers’ Pharmacy (IWP) and the insureds’ employees and former employees, all of whom…

Justia Opinion Summary: The failure of Terry Scott and Damon Fleming to appeal the denial of their respective grievances against the Kentucky State Police (KSP) by the Personnel Cabinet precluded their subsequent action filed in the circuit…

Justia Opinion Summary: The administrative law judge (ALJ) in this case did not err in failing to give effect to a settlement agreement reached after the issuance of its order and opinion and raised in a petition to reconsider. This case arose…

Justia Opinion Summary: The Supreme Court overruled Shamrock Coal Co. v. Taylor, 697 S.W.2d 952 (Ky. App. 1985), which holds that a complaint that exhibits “a clear attempt at verification” is sufficiently compliant with Ky. Rev. Stat.…

Justia Opinion Summary: The Supreme Court reversed the circuit court’s judgment convicting Appellant of first-degree sexual abuse and sentencing him to six years’ imprisonment. On appeal, Appellant argued that he was denied a fair and impartial…

Justia Opinion Summary: Jeffrey Dewayne Clark and Garr Keith Hardin (collectively, Appellees) were convicted of the 1992 murder of a young woman. In 2009, the Innocence Project, Inc. and the Department of Public Advocacy Kentucky Innocence…

Justia Opinion Summary: Michael Flick was convicted of the 2005 murder of Christina Wittich and sentenced to life imprisonment. In 2008, Wittich’s Estate filed this wrongful-death action against Flick. Flick filed a motion to dismiss the…

Justia Opinion Summary: In order for there to be a “collapse” under a homeowner's insurance policy, there must have been a “falling down or collapsing of a part of a building,” Wanda Thiele, the daughter of Hiram Campbell, moved into…

Justia Opinion Summary: A provision in the Multichannel Video Programming and Communications Services Tax (the Telecom Tax) prohibiting “every political subdivision of the state” from collecting franchise fees or taxes on franchises subject to…

Justia Opinion Summary: Appellant appealed his convictions stemming from three separate robberies committed in downtown Louisville in January 2014. The Supreme Court affirmed, holding (1) the trial court did not err in declining to suppress…

Justia Opinion Summary: In this criminal case, reversible error occurred when the trial court allowed the Commonwealth to introduce sexually explicit social media exchanges Appellant had with other women after the victim’s death, and the…

Justia Opinion Summary: Plaintiff’s acknowledgement that she would not present an expert witness to prove her informed consent claim was not fatal to her case and thus was not a proper basis for entry of a directed verdict. Plaintiff brought…

Justia Opinion Summary: The legislature has affirmed that a county jailer’s salary shall at least equal the prior year’s salary level in counties that do not operate a jail. Garrard County does not operate a jail. Before the 2010 election of…

Justia Opinion Summary: Appellant appealed his conviction for the murder of his brother. The Supreme Court affirmed, holding that the trial court (1) did not abuse its discretion in failing to strike Juror 500 for cause because there was…

Justia Opinion Summary: Appellant was convicted of kidnapping, first-degree manslaughter, tampering with physical evidence, and theft by unlawful taking. Upon Appellant’s motion for postconviction relief, the trial court set aside Appellant’s…

Justia Opinion Summary: In an effort to replace its aging middle school building, the Paducah Independent School District initiated condemnation proceedings against real property owned by Defendant. The property was officially taken after an…

Justia Opinion Summary: Dr. Benjamin Reid, a licensed general surgeon, filed a complaint against KentuckyOne Health, Inc. (“Hospital”) alleging various claims arising from the Hospital’s review of Reid’s surgical privileges at the Hospital. The…

Justia Opinion Summary: An administrative law judge (ALJ) awarded Brandon Fleming partial disability benefits based on a finding that Fleming had a combined permanent impairment rating of seventeen percent. In 2010, Fleming moved to reopen his…

Justia Opinion Summary: Marshall Parker sought an award of benefits for a back injury he received during the course of his employment with Webster County Coal. An administrative law judge (ALJ) awarded benefits for the back injury. However, the…

Justia Opinion Summary: Defendant was convicted for having assaulted by neglect a severely disabled young man who lived with her. The Court of Appeals effectively dismissed the indictment against Defendant for assault, concluding (1) contrary…

Justia Opinion Summary: Louisville Gas and Electric Company (LG&E) sought a permit authorizing it to discharge certain pollutants into the Ohio River in conjunction with the operation of its recently expended generating facility. The…

Justia Opinion Summary: Defendant was arrested for operating a motor vehicle on a DUI-suspended license. Defendant was charged with a Class D felony under the penalty-enhancement provision in Ky. Rev. Stat. 189A.090(2)(c) because this was his…

Justia Opinion Summary: Plaintiff sued the doctor (Defendant) who twice performed surgery on Plaintiff to repair a fracture, alleging (1) Defendant made mistakes during the initial surgery that resulted in the failure of the fracture to heal,…

Justia Opinion Summary: An oversized tractor-trailer collided with the school bus Leonard Collins was driving on a portion of highway meandering across Pine Mountain, resulting in Collins’s death. Sycilla Collins (Appellant) filed a claim with…

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder. Defendant had recently become a “fully-patched” member of the Iron Horsemen motorcycle club at the time of the murder. The Supreme Court affirmed, holding that the…

Justia Opinion Summary: Appellant entered an Alford plea to one count of murder. Before sentencing, Appellant submitted a motion to withdraw his plea, arguing that his counsel deceived him when she informed him that he could withdraw his plea…

Justia Opinion Summary: This personal injury suit arose from a 2007 trip-and-fall at the Speedway SuperAmerica filling-station in Manchester. After a bench trial, the circuit court found for Teresa and Randy Grubb (together, Plaintiffs) and…

Justia Opinion Summary: In 2011, Husband filed a petition for dissolution of his marriage to Wife. The family court entered a decree of dissolution in 2013 that divided the parties’ marital assets, awarded the parties joint custody of their two…

Justia Opinion Summary: Defendant was convicted of second-degree assault. A public defender from the local Department of Public advocacy (DPA) office was appointed to represent Defendant. Prior to trial, counsel advised the trial court that…

Justia Opinion Summary: After a jury trial, Appellant was convicted of second-degree assault, fourth-degree assault, first-degree wanton endangerment, and third-degree arson. Appellant appealed, arguing, primarily, that the trial court erred in…

Justia Opinion Summary: Appellants were charged with one count each of cultivation of marijuana five or more plants and other drug-related offenses. Appellants filed separate motions to suppress, arguing (1) police officers violated the…

Justia Opinion Summary: Defendant entered a conditional guilty plea to one count of first-degree rape, one count of second-degree rape, and one count of second-degree sodomy. Defendant appealed, arguing that the trial court erred in denying his…

Justia Opinion Summary: Ray Ballou worked as an underground coal miner from 1982 until 2012 and was sixty-nine years old when last exposed to coal dust. An administrative law judge (ALJ) awarded Ballou retraining incentive benefits (RIB),…

Justia Opinion Summary: In 1993, Appellant was convicted in a state court of multiple crimes and sentenced to a total of forty-two years’ imprisonment. In 1994, a federal district court sentenced Appellant to 152 months’ incarceration for…

Justia Opinion Summary: Appellant was convicted of incest, first-degree rape, first-degree sodomy, and other crimes. Appellant was sentenced to a total of sixty-five years in prison, the maximum sentence allowable in this case. On appeal,…

Justia Opinion Summary: Margie Mullins sustained a workplace injury during the course of her employment with Leggett and Platt. Mullins settled her workers’ compensation claim after negotiating with Leggett & Platt’s insurance carrier, CCMSI.…

Justia Opinion Summary: Carol Harrell entered into a credit card agreement with Citibank but later defaulted on her promise to repay the debt. The right to collect Harrell’s outstanding debt was later assigned to Unifund CCR Partners. Unifund…

Justia Opinion Summary: After EQT Gathering, LLC constructed a natural gas pipeline along the boundary of Appellants’ property, Appellants filed a civil action in the circuit court alleging that EQT had trespassed upon their land. After a jury…

Justia Opinion Summary: After a trial, Appellant was convicted of eleven crimes. The Supreme Court affirmed Appellant’s convictions, holding (1) the trial court did not err in determining that Appellant had waived his right to counsel; (2) the…

Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree sodomy, first-degree sexual abuse, and use of a minor in a sexual performance. Appellant was sentenced to a total of thirty years in prison. The Supreme Court…

Justia Opinion Summary: Defendant entered a conditional guilty plea to violating Lexington-Fayette Urban County Government Ordinance 14-5, which prohibits all begging and soliciting from public streets or intersections within the urban-county…

Justia Opinion Summary: In the November 4, 2014 general election for the office of Magoffin County judge executive, Republican candidate John Montgomery challenged the incumbent, Democratic candidate Charles Hardin. The officially-tabulated…

Justia Opinion Summary: Appellant entered a conditional guilty plea to possession a handgun as a convicted felon, possessing marijuana, and operating a motor vehicle on a suspended license. Appellant appealed the trial court’s order denying his…

Justia Opinion Summary: Kara Sidebottom was injured during the course of her employment. Sidebottom filed a workers’ compensation claim in connection with the work-related injury. In determining Sidebottom’s weekly compensation benefit, the…