Kentucky Supreme Court Decisions 2022

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the trial court granting a directed verdict on a bad faith claim, holding that Wittmer v. Jones, 864 S.W.2d 885, 890 (Ky. 1993),…

Justia Opinion Summary: The Supreme Court reversed the ruling of the circuit court that Ky. Rev. Stat. 411.137 and Ky. Rev. Stat. 391.033, collectively known as Mandy Jo's Law, prevented Lawrence Miller from being awarded any of the settlement…

Justia Opinion Summary: The Supreme Court reversed the opinion of the court of appeals affirming the decision of the circuit court concluding that with Century Aluminum of Kentucky, GP's interpretation of the statutes which categorize tangible…

Justia Opinion Summary: The Supreme Court reversedvDefendant's convictions for tampering with physical evidence and strangulation, as well as concomitant convictions for persistent felony offender based upon them and a drug paraphernalia…

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals upholding the opinion and order of the Workers' Compensation Board denying Officer Tracy Toler's petition for reconsideration of the decision of the…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court finding Defendant guilty of first-degree assault and being a persistent felony offender in the first degree, holding that there was no error in the proceedings…

Justia Opinion Summary: The Supreme Court vacated the opinion of the court of appeals reversing the judgment of the district court convicting Defendant of driving under the influence (DUI), first offense, holding that a proper application of…

Justia Opinion Summary: The Supreme Court affirmed the holding of the circuit court that HB 503, codified at Ky. Rev. Stat. 141.500-.528 and known as the "Education Opportunity Account Act" (EOA Act), is unconstitutional, holding that the EOA…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the decision of the court of appeals affirming several circuit court rulings in the underlying dissolution proceeding between Wife and Husband, holding…

Justia Opinion Summary: The Supreme Court reversed the opinion of the court of appeals determining that the prior notice of events exclusion (Exclusion 15) contained in the insurance policies applied to deny the coverage sought by King's…

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reversing the order of the circuit court granting summary judgment in favor of John and Beth Bruner based on its finding that a disputed road was a public…

Justia Opinion Summary: The Supreme Court vacated the decision of the court of appeals affirming the judgment of the circuit court dismissing with prejudice the indictment against Defendant based on the violation of Defendant's right to a…

Justia Opinion Summary: The Supreme Court affirmed the opinion of the court of appeals reversing Defendant's conviction of one count of tampering with physical evidence and being a persistent felony offender in the second-degree, holding that…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court sentencing Defendant to twenty years in prison in connection with his convictions for three counts of unlawful imprisonment in the first-degree, wanton…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals reversing in part the trial court's grant of summary judgment in favor of the City of Barbourville on all of Plaintiff's claims…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying two petitions for writs of prohibition in these cases involving allegations of the unconstitutionality of recently-enacted Ky. Rev. Stat. Chapter…

Justia Opinion Summary: The Supreme Court affirmed the determination of the Judicial Conduct Commission that Family Court Judge Julia Gordon committed judicial misconduct and ordered that she be removed from office, holding that there was no…

Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part the judgment of the circuit court in this criminal case, holding that the case must be remanded for the trial court to consider whether Defendant's consent to a…

Justia Opinion Summary: The Supreme Court reversed the decisions of the circuit court and court of appeals affirming the judgment of the Kentucky Labor Cabinet finding that because no union business privilege exists in the Commonwealth, the…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the circuit court denying Defendant a directed verdict on the charge against her of unlawful access to a computer in the…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court sentencing Defendant to twenty years' imprisonment for his convictions of two counts of manslaughter in the second degree, driving under the influence of…

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals for failing as a reviewing court to give proper deference to the trial court's decision to deny Appellees leave to amend a pleading and held that the court…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals concluding that Claimant's claim for disability benefits was not barred by res judicata and that the Workers' Compensation Board misconstrued the reopening…

Justia Opinion Summary: The Supreme Court affirmed the order of the court of appeals denying a motion for writs of prohibition and mandamus, holding that there was no error. In the underlying medical negligence action, Petitioners filed a…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying a writ of mandamus directing the circuit court to dismiss the underlying circuit court action filed by three sisters (Sisters), holding that the…

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing Defendant's convictions for theft of identity and being a persistent felony offender in the first degree, holding that the court of appeals erred…

Justia Opinion Summary: The Supreme Court vacated the judgment of the circuit court in this appeal challenging a ruling of the circuit court concerning the constitutionality of House Bill 348 (HB 348) and remanded the matter with instructions…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the opinion of the court of appeals affirming the judgment of the trial court finding Primal Vantage Company, Inc. liable for failure to warn and to instruct of the…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing the circuit court's entry of summary judgment in favor of Officer Ben Martin of the Georgetown Police Department on the grounds that he was…

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the judgment of the trial court dismissing Constance Mouanda's complaint against Jani-King International (Jani-King) and Cardinal Franchising,…

Justia Opinion Summary: In this appeal concerning the statutory ownership of a vehicle involved in a crash, the Supreme Court affirmed the court of appeals' decision affirming the order of the trial court granting summary judgment in favor of…

Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part the judgment of the trial court convicting Defendant of burglary in the first degree, rape in the first degree, kidnapping, violation of an EPO/DVO, and terroristic…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying Appellant's motion for a writ of mandamus against the circuit court, holding that the court of appeals properly dismissed the appeal. In 1993,…

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the family court's holding that L.G. emotionally abused her son, holding that the family court was not clearly erroneous and did not abuse its…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the trial court denying Defendant's motion to suppress location data obtained from the police's search of his real-time cell-site…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals that a real property contract entered into by Henry Gray and William, Mary and Frank Stewart in this case was unenforceable under the statute of frauds but…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convicting Defendant of first-degree sodomy and sentencing him to twenty years in prison, holding that there was no error in the proceedings below. On appeal,…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the decision of the circuit court denying Defendant's motion seeking reconsideration of probation pursuant to Ky. Rev. Stat. 640.075(4), holding…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convicting Defendant of one count of second-degree rape, one count of third-degree rape, and two counts of incest, holding that there was no reversible…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court prohibiting a vote tabulation regarding a school board tax recall based upon alleged violations of Ky. Rev. Stat. 132.017 and Ky. Rev. Stat. Chapter 369,…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the determination of the circuit court that the security agreement between Harvey Haynes, the debtor, covered future advances made by Farmers…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the order of the Workers Compensation Board reversing an Administrative Law Judge's (ALJ) application of the 2x multiplier in Ky. Rev. Stat.…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals declining to extend the holding in Livingood v. Transfreight, LLC, 467 S.W.3d 249 (Ky. 2015) to Ky. Rev. Stat. 342.730(1)(c)1, otherwise known as the…

Justia Opinion Summary: The Supreme Court vacated the decision of the court of appeals affirming the summary judgment and fees ordered by the trial court in favor of Defendants' right to direct payment of basic reparation benefits within an…

Justia Opinion Summary: The Supreme Court reversed the opinion of the court of appeals that affirmed the decision of the Workers' Compensation Board (Board) and the Administrative Law Judge in this workers' compensation case, holding that a…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Appellant's Ky. R. Crim. P. 11.42, Ky R. Crim. P. 10.02, Ky. R. Civ. P. 60.02, and Ky. R. Civ. P. 60.03 motion for relief, holding that the circuit…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals upholding the trial court's order ordering Appellant to complete the Sex Offender Treatment Program (SOTP) but reversing the…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court finding Defendant guilty of two counts of murder and four counts of wanton endangerment in the first degree and sentencing him to life in prison without the…

Justia Opinion Summary: The Supreme Court dismissed Appellants' claims in this case raising questions regarding a challenge to a constitutional ballot initiative, holding that Appellants lacked standing to bring their claims. In 2018, Kentucky…

Justia Opinion Summary: The Supreme Court reversed the opinion of the circuit court affirming the district court's order liquidating a trust's assets, holding that the order was arbitrary, unreasonable, unfair, and unsupported by sound legal…

Justia Opinion Summary: The Supreme Court held that three dependency-neglect-abuse (DNA) petitions filed by the guardian ad litem (GAL) of three children against the Cabinet for Health and Family Services (CHFS) should have been dismissed.…

Justia Opinion Summary: The Supreme Court affirmed the opinion of the court of appeals that affirmed an administrative law judge's (ALJ) award of permanent partial disability benefits to Plaintiff, holding that the court of appeals did not…

Justia Opinion Summary: The Supreme Court reversed the order of the family court denying the motion of the Commonwealth, Cabinet for Health and Family Services, ex rel. Child Support Enforcement's (Cabinet) to set aside an agreed judgment…

Justia Opinion Summary: The Supreme Court affirmed the opinion of the court of appeals affirming the Workers' Compensation Board's decision reversing a decision by the Chief Administrative Law Judge (CALJ) denying Carlye Harper's motion to…

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reversing the circuit court's grant of summary judgment in favor of homeowners in this complaint brought against them and their attorneys for wrongful use…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court dismissing this action brought by Charmin Watson alleging that Dr. Amberly Kay Windisch failed to obtain Watson's informed consent prior to surgical placement…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the decision of the circuit court to overturn a final order of the Secretary of the Cabinet for Health and Family Services dismissing an…

Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part the decision of the court of appeals affirming a family court order of contempt, holding that the trial court abused its discretion because the order sought to…

Justia Opinion Summary: The Supreme Court reversed the judgment of the trial court dismissing this tort action with prejudice under CR 41.02(1), holding that the trial court abused its discretion in dismissing the action with…

Justia Opinion Summary: The Supreme Court denied Petitioner's petition for an order prohibiting or delaying the formation of a collective bargaining unit composed of non-supervisory attorneys employed by the Louisville Metro Public Defender's…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of two counts of wanton murder, two counts of assault in the first degree and other offenses, holding that the circuit court did not err…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first-degree manslaughter and to being a persistent felony offender in the first degree, holding that the trial court did not abuse its discretion by denying…

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reversing Defendant's conviction and sentence and ordering a new trial, holding that the trial court did not abuse its discretion in determining that a…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for murder but vacated the jail fees imposed against him, holding that the trial court failed to present evidence that a jail fee reimbursement policy had been adopted by…

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming the judgment of the circuit court declaring that the Estate of Nannie Wethington had no dower right pursuant to Ky. Rev. Stat. 392.020 in $38,500…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convicting Defendant of thirteen counts of robbery in the first degree, one count of assault in the first degree, and one count of burglary in the first degree,…

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing order of the circuit court denying the motion of Legacy Health Services, Inc. Cambridge Place Group, LLC, and Cambridge Place Properties, LLC…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the decision of the administrative law judge (ALJ) granting Austin Ellison's workers' compensation claim and awarding him disability benefits,…

Justia Opinion Summary: The Supreme Court reversed the portion of the opinion of the court of appeals vacating the administrative law judge's (ALJ) award of temporarily total disability (TTD) benefits and affirmed the portion of the court of…

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court opining on the constitutionality of the Governor's 2021 COVID-19 legislation and enjoining the Governor from interfering with Plaintiffs' business operations,…

Justia Opinion Summary: The Supreme Court affirmed the judgments of the trial court and court of appeals that summary judgment was proper in this whistleblower case, holding that Plaintiff's allegations related to a University of Kentucky (UK)…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first-degree sodomy and his sentence of twenty years in prison, holding that there was no error in the proceedings below. On appeal, Defendant challenged the trial…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court convicting Defendant of three counts of first-degree, second-offense, trafficking in a controlled substance and sentencing him to thirty-two years in prison,…

Justia Opinion Summary: The Supreme Court granted a writ of mandamus sought by The Cincinnati Enquirer, a Division of Gannett GP Media, Inc., and directed at two judges of the Kentucky Court of Appeals who presided over separate trials in which…