Recent Appellate Cases
As a service to our clients and the general public here are some recent cases of interest and note:
Metro Louisville v. Abma, (Ky. App. 2009): creates 15 year statute of limitations for retired fire fighters to sue for breach of contract where collective bargaining agreement governed employer/employee relationship due to city's reliance on miscalculation of scheduled overtime rate of pay determined by state department of labor.
Martin, Administratrix, et al. v. Ohio County Hosp. Corp. (Ky. 2009): A loss of consortium claim can be brought for surviving spouse for loss of consortium where spouse is killed or dies as a result of negligence.
Baker v. Comm. (Ky. 2009): retroactive application of sex offender residency laws is unconstitutional under ex post facto clause of the United States and Kentucky Constitutions.
Day v. Day (Ky.App. 2009): lump sum worker’s compensation settlement awarded during marriage is marital property and non-injured spouse entitled to ½ of proceeds.
Mackey, et al. v. Hinson and Yelton, Executors, et al. (Ky. App. 2009): will contest over residuary clause of an estate and where ¼ of the estate was not specifically bequeathed. Heirs (cousins) not entitled to take under intestate theory and additional ¼ of estate not specifically bequeathed went to residuary taker listed in will.
Gahman v. Commonwealth, 2006-CA-905 (Ky. App 2006): Denial of Felony Expungement. Court of Appeals held Kenton Circuit Court had jurisdiction to grant an expungement where defendant completed felony diversion program.
Gahman v. Commonwealth, 2008-CA-391 (Ky. App. 2009): Denial of Felony Expungement. Court of Appeals held Circuit Court abused its discretion when it denied expungement without making specific findings of fact and conclusions of law when applying its discretion. On remand, felony expungement was granted.
Owens v. Mayleben. 2006-CA-1291 (Ky. App. 2007): Appeal of punitive damage award. Alleged Circuit Court made palpable error when it levied punitive damage award outside of single digit multiplier as required by Campbell v. Allstate. Further argued Circuit Court acted outside of courtroom procedures when failed to grant defense counsel closing argument.