Court of Appeals of Kentucky Court Cases

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  1. Scifres v. Kraft (1996)

    This appeal raises the question of the liability of homeowners for damages sustained by a social guest from a swimming pool injury. The Jefferson Circuit Court found a lack of a legal duty and granted summary judgment in favor of the homeowners. We affirm.


    Court: Court of Appeals of Kentucky Docket: 94-CA-002618-MR
  2. Cantrell Supply, Inc. v. Liberty Mut. Ins. (2002)

    Cantrell Supply, Inc., appeals from a judgment of the Clark Circuit Court in favor of Daniel W. Lockridge and from the denial of its CR[1] 59 motion to alter, amend, or vacate the judgment, seeking to have Liberty Mutual Insurance Company pay a portion of the judgment based on a pretrial settlement agreement between Cantrell and Liberty Mutual. We affirm.


    Court: Court of Appeals of Kentucky Docket: 2001-CA-002146-MR
  3. James v. Wilson (2002)

    Michael A. Owsley, Regina A. Jackson (on brief), English, Lucas, Priest & Owsley, Bowling Green, KY, for appellees Larry Wilson, Randy Wright, Glenda Collins, Connie Smith, Bill Bond, Barbara W. McGinty, Tobe Dulworth, Jana Mansfield, Georgia Tomlin, Alan Warford, Brandon Newberry, Tilford L. Underwood, Barbara Vick, Charles Courtney, Alan Mullins, Shirley Turner, Bob Steele, Roger Hayes, Donna Mattingly, Amy White, Cathy Evanko and Pam Wrinkle.


    Court: Court of Appeals of Kentucky Docket: 1999-CA-000787-MR, 1999-CA-001209-MR, 1999-CA-002172-MR, 2000-CA-001379-MR, 2000-CA-001382-MR, 2000-CA-001491-MR, 2000-CA-001687-MR, 2000-CA-001688-MR, 2000-CA-001690-MR, 2000-CA-001862-MR
  4. Conseco Finance Servicing Corp. v. Wilder (2001)

    Conseco Finance Servicing Corporation, appeals from an order of the Bell Circuit Court denying its motion to compel arbitration in an action filed against it by William and Cathy Wilder. For the reasons discussed below, we reverse and remand.


    Court: Court of Appeals of Kentucky Docket: 2000-CA-000276-MR
  5. Lewis v. B & R CORPORATION (2001)

    Theresa Gail Lewis, Administratrix of the estate of Brenda Carol Helton, and Don Helton (hereinafter collectively referred to as "Lewis") appeal from a summary judgment granted to B & R Corporation, d/b/a Save-A-Lot,[1] on their complaint for wrongful death involving the death of Brenda Carol Helton in a one-car vehicular accident. We affirm.


    Court: Court of Appeals of Kentucky Docket: 2000-CA-001297-MR
  6. Cinelli v. Ward (1998)

    Albert Cinelli brings Appeal No.1997-CA-001578-MR from a March 27, 1997, judgment of the Fayette Circuit Court entered upon a jury verdict. Kentucky Data Link, Inc., Wright Businesses, Inc., Arthur Wright, and A.D. Wright bring Appeal No.1997-CA-001579-MR from the same judgment. We reverse on both appeals.


    Court: Court of Appeals of Kentucky Docket: 1997-CA-001578-MR, 1997-CA-001579-MR
  7. Wolf Creek Collieries v. Crum (1984)

    This is a workers' compensation case. It is an appeal where the circuit court misconstrued its authority to review a decision of the Workers' Compensation Board (board) under KRS 342.285. The circuit court did not agree with the decision of the board in "denying claimant benefits." The court then remanded to the board with directions to find facts specified by the court. This is erroneous. The circuit court cannot direct the findings that the board shall make. See Yocom v. Conley, Ky.App., 554 [...]

    Court: Court of Appeals of Kentucky
  8. Carroll v. Meredith (2001)

    Marlow Carroll has appealed from an order of the Edmonson Circuit Court entered on June 23, 2000, which granted Timmy Meredith an easement by necessity to the back portion of his property over a private roadway on Carroll's property. Having concluded that the trial court erred by applying an incorrect legal standard and by finding sufficient necessity for the use of the roadway, we reverse.


    Court: Court of Appeals of Kentucky Docket: 2000-CA-002289-MR
  9. Commonwealth v. Neal (2002)

    The Commonwealth of Kentucky has brought this interlocutory appeal from an order entered by the Jefferson Circuit Court on October 24, 2000, which granted the appellee's motion to suppress evidence that was seized from his residence. Having concluded that the trial court has failed to make the necessary findings of fact to resolve this matter, we vacate the trial court's order suppressing the evidence and remand for additional findings of fact.


    Court: Court of Appeals of Kentucky Docket: 2000-CA-002744-MR
  10. Columbia Sussex Corp., Inc. v. Hay (1981)

    On February 26, 1979, the Best Western Hotel of Richwood, Kentucky, was robbed. At that time appellee, Mrs. Hay, was manager of the hotel which was owned and operated by appellant, Columbia Sussex Corporation. Appellant William J. Yung was president and appellant David Diehl was General Manager of Columbia Sussex.


    Court: Court of Appeals of Kentucky Docket: 81-CA-8-MR
  11. Stone v. Kentucky Farm Bureau Mut. Ins. Co. (2000)

    Lisa Kelly Stone, individually and as Administratrix of the Estate of Jeremy Stone, and Dennis Bradley, Public Administrator of the Estate of Michael Howard Stone (the appellants), appeal from an order of the Fayette Circuit Court entered on January 26, 1999, granting summary judgment to the appellee, Kentucky Farm Bureau Mutual Insurance Company. At issue is whether the appellee owes a duty to indemnify or defend the Estate of Michael Howard Stone from claims asserted as a result of the [...]

    Court: Court of Appeals of Kentucky Docket: 1999-CA-000410-MR
  12. Blevins v. Moran (2000)

    Brothers Barkley and Donald Blevins appeal from an October 30, 1998, judgment of Fayette Circuit Court construing the last will and testament of their uncle, Dr. Frank D. Peterson. Barkley and Donald are co-executors of their uncle's estate and principal beneficiaries under his will. They maintain that the trial court misapplied Kentucky's anti-lapse statute, KRS 394.400, in awarding certain of Dr. Peterson's bequests to the children of deceased beneficiaries rather than to them, Barkley and [...]

    Court: Court of Appeals of Kentucky Docket: 1998-CA-002912-MR
  13. White v. Winchester Land Development Corp. (1979)

    Charles T. and Adelyn S. White appeal from a decision of the circuit court holding that certain stock pledged as security on appellants' personal loan could be sold by the appellee bank to discharge the indebtedness on subsequent loans executed by appellants in the name of their corporation. The rather unusual facts of this appeal present several significant questions as to the extent of individual liability on corporate loans.


    Court: Court of Appeals of Kentucky
  14. Brandenburg v. Brandenburg (1981)

    This appeal involves the allocation of certain property as wholly nonmarital which appellant/wife contends was both marital and nonmarital. Three pieces of property were involved, viz., a duplex at 134-136 Ilhardt Avenue, Nicholasville; a duplex on Glen Cove in Nicholasville; and a residence which included a rental apartment at 403 Bellevue, Wilmore. All three properties were owned by the husband at the date of marriage, July 18, 1970, and payments on each of these properties were made from [...]

    Court: Court of Appeals of Kentucky
  15. Washington v. Goodman (1992)

    The facts are these: On or about July 7, 1987, Essie's decedent, Fielding Jones, an elderly black man, fell at home and suffered a fracture of his right hip. He was taken to Central Baptist Hospital, Lexington, Kentucky, where Dr. Robert P. Goodman (Goodman), a white orthopedic surgeon, surgically pinned the broken hip with a hip nail. Jones was discharged on July 31, 1987, but was readmitted on August 4, 1987, when the hip became dislocated. At that time, it was discovered that Jones had [...]

    Court: Court of Appeals of Kentucky Docket: 91-CA-0470-MR
  16. Radioshack Corp. v. ComSmart, Inc. (2007)

    Radioshack Corporation appeals a judgment of the Estill Circuit Court confirming a jury verdict against it and in favor of the Appellees, Comsmart, Inc., and Michael Dean. Radioshack contends that the trial court erred by allowing Comsmart and Dean to present evidence of oral statements made prior to the execution of the contract in support of their misrepresentation claim. Radioshack also argues that it was entitled to a directed verdict or to a judgment notwithstanding the verdict because [...]

    Court: Court of Appeals of Kentucky Docket: 2006-CA-000446-MR
  17. Wahba v. Don Corlett Motors, Inc. (1978)

    This is an appeal from a judgment entered in the Jefferson Circuit Court wherein the trial court directed a verdict on the issue of liability for breach of contract in favor of plaintiff-appellant, Leon Wahba (hereinafter referred to as Wahba), against defendant-appellee, Don Corlett Motors, Inc. (hereinafter referred to as Corlett Motors), and submitted only the issue of damages for breach of contract to the jury. The jury returned a verdict in the amount of $875.00, that sum being the [...]

    Court: Court of Appeals of Kentucky
  18. Baltimore v. Com. (2003)

    Robert Lee Baltimore appeals from a Fayette Circuit Court judgment sentencing him to ten years' imprisonment on a conditional plea of guilty, pursuant to Kentucky Rules of Criminal Procedure (RCr) 8.09, to several counts of fraudulent use of a credit card and being a persistent felony offender in the first degree. Under the conditional guilty plea, Baltimore preserved his right to challenge the denial of his motion to suppress evidence seized by the police during an investigatory stop.


    Court: Court of Appeals of Kentucky Docket: 2002-CA-002304-MR
  19. Sherfey v. Sherfey (2002)

    Mark Anthony Sherfey, Sr., and Laurie Sherfey have appealed from an order entered by the Monroe Circuit Court, on February 23, 2001, which awarded custody of their son, T.S., to his paternal grandparents, Marcus D. Sherfey and Naomi Sherfey. Having concluded that the trial court's finding that the grandparents met the statutory definition of "de facto custodians," pursuant to KRS[1] 403.270(1) is not clearly erroneous, and that the trial court did not abuse its discretion in awarding custody to [...]

    Court: Court of Appeals of Kentucky Docket: 2001-CA-000519-MR
  20. First Com. Bank of Prestonsburg v. West (2000)

    First Commonwealth Bank of Prestonsburg, Inc. (FCB), appeals from an order of the Floyd Circuit Court which denied its motion for summary judgment against Shelia West (Shelia).[1] We reverse and remand this matter with instructions to enter summary judgment in favor of FCB.


    Court: Court of Appeals of Kentucky Docket: 1998-CA-001203-MR

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