Tuesday, February 05, 2008
Kentucky Court of Appeals To Hear Oral Arguments in Pikeville.
The Kentucky Court of Appeals will hear oral arguments in Pikeville on February 12th-13th. Oral arguments will be held at the Hall of Justice, Division II Circuit Courtroom. The arguments will begin at 1pm on Tuesday and 9:30 am on Wednesday.
The three judge panel will consist of Judge Michelle Keller of Covington, Judge Kelly Thompson of Bowling Green and Judge Thomas Wine of Louisville.
The proceedings are open to the public.
Here is a list of the cases.
Tuesday 1pm : S.O vs Commonwealth of Kentucky. Discretionary review from juvenile adjudication finding S.D.O guilty of terroristic threatening. Suffiency of evidence supporting findings: lack of evidence that S.D.O. delivered letter containing threats: admissibly of letter with subsequent alterations.
Tuesday 1:45 pm : Kentucky Farm Bureau Mutual Insurance Company vs Sonya Elswick. KFB appeals from an order dismissing its subrogation claims against Elswick. KFB argues that there were issues of fact concerning whether Elswick was a secured person under KRS 304.39-070: and that the trial court erred in finding that KFB was required to file a claim against Elswick’s carrier before bringing the subrogation action.
2:30pm : Paul Rogers ET AL vs Scarlett Counts ET AL: Rogers appeal from a jury verdict awarding them no damages for personal injuries in a motor vehicle accident . Suffiency of evidence: denial of motion for new trial: exclusion of evidence involving insurer while allowing insurer to participate at trial as a party: trial court’s denial of request for additional cross examination of medical witness testimony admitted by video deposition ; preservation issues.
Wed 9:30 am : M.G. ET AL vs Cabinet For Health and Family Services ET AL. Appellants appeal from a Judgement of termination of parental rights . Appellants allege inadequate findings of fact and the failure of the cabinet to meet its burden of proof. The appellants further allege that the court erred in granting the cabinet’s motion in limine, and further claim prejudice by the court’s recusal after the close of evidence.
10:15 am : APPCO – KY vs Oldcastle Mountain Materials: Appeal from trial court’s ruling that voided a restrictive covenant in a deed. There are also contract issues between the parties.
11:00 am : Kentucky Farm Bureau Mutual Insurance Company vs Jason Blevins ET AL: Insurance coverage question. Homeowner insurance policy from a judgement requiring it to provide coverage for and defend its insureds. Appeal and cross- appeal. Underlying issues between parties are unresolved pending this appeal.
1:30 pm : ARA Little vs Lee Stewart ET AL : This appeal arises from litigation regarding an accident between a coal truck, tractor-trailer, and a van. At the conclusion of the plaintiff’s case the trial court directed verdict in favor of two defendants.
The three judge panel will consist of Judge Michelle Keller of Covington, Judge Kelly Thompson of Bowling Green and Judge Thomas Wine of Louisville.
The proceedings are open to the public.
Here is a list of the cases.
Tuesday 1pm : S.O vs Commonwealth of Kentucky. Discretionary review from juvenile adjudication finding S.D.O guilty of terroristic threatening. Suffiency of evidence supporting findings: lack of evidence that S.D.O. delivered letter containing threats: admissibly of letter with subsequent alterations.
Tuesday 1:45 pm : Kentucky Farm Bureau Mutual Insurance Company vs Sonya Elswick. KFB appeals from an order dismissing its subrogation claims against Elswick. KFB argues that there were issues of fact concerning whether Elswick was a secured person under KRS 304.39-070: and that the trial court erred in finding that KFB was required to file a claim against Elswick’s carrier before bringing the subrogation action.
2:30pm : Paul Rogers ET AL vs Scarlett Counts ET AL: Rogers appeal from a jury verdict awarding them no damages for personal injuries in a motor vehicle accident . Suffiency of evidence: denial of motion for new trial: exclusion of evidence involving insurer while allowing insurer to participate at trial as a party: trial court’s denial of request for additional cross examination of medical witness testimony admitted by video deposition ; preservation issues.
Wed 9:30 am : M.G. ET AL vs Cabinet For Health and Family Services ET AL. Appellants appeal from a Judgement of termination of parental rights . Appellants allege inadequate findings of fact and the failure of the cabinet to meet its burden of proof. The appellants further allege that the court erred in granting the cabinet’s motion in limine, and further claim prejudice by the court’s recusal after the close of evidence.
10:15 am : APPCO – KY vs Oldcastle Mountain Materials: Appeal from trial court’s ruling that voided a restrictive covenant in a deed. There are also contract issues between the parties.
11:00 am : Kentucky Farm Bureau Mutual Insurance Company vs Jason Blevins ET AL: Insurance coverage question. Homeowner insurance policy from a judgement requiring it to provide coverage for and defend its insureds. Appeal and cross- appeal. Underlying issues between parties are unresolved pending this appeal.
1:30 pm : ARA Little vs Lee Stewart ET AL : This appeal arises from litigation regarding an accident between a coal truck, tractor-trailer, and a van. At the conclusion of the plaintiff’s case the trial court directed verdict in favor of two defendants.
# posted by Joe Kinzer @ 2:32 PM 
