Justia Kentucky Supreme Court Opinion Summaries

A patient was admitted to a hospital for liver disease and, while in an altered mental state, fell while accompanied by a caregiver. She suffered a fractured hip, requiring surgery, and was later discharged. The patient filed a negligence lawsuit against the hospital, alleging a failure to prevent or appropriately respond to her fall. During discovery, she requested all incident reports related to her fall. The hospital identified an Incident Report and a Root Cause Analysis but refused to produce them, invoking federal and state privileges that protect certain internal analyses and reports of medical errors.The McCracken Circuit Court ordered the hospital to produce the Incident Report and to provide the Root Cause Analysis with redactions for portions covered by federal privilege. The trial court found that the Incident Report and parts of the Root Cause Analysis contained factual information not otherwise available in the patient's medical records and ruled that such information should be discoverable. The Court of Appeals reviewed the trial court's order after the hospital sought a writ of prohibition. It held that the Incident Report was not privileged under federal or state law but concluded the Root Cause Analysis was fully protected by federal privilege, even its factual portions, and thus could not be disclosed.Upon review, the Supreme Court of Kentucky affirmed the Court of Appeals. The court held that the federal Patient Safety and Quality Improvement Act privilege protected the entire Root Cause Analysis from disclosure, with no exception for factual information within the document. However, it held that the Incident Report was not protected by either the federal or state privileges because it was generated in compliance with regulatory obligations, not as part of the hospital's privileged peer review or patient safety evaluation system. As a result, the Incident Report was discoverable, while the Root Cause Analysis was not. View "BAPTIST HEALTHCARE SYSTEM, INC. V. KITCHEN" on Justia Law

In this case, a man moved in with his girlfriend and her children, including twin daughters who referred to him as their stepfather. After the man lived with the family, one of the twins, M.R., disclosed that he repeatedly sexually abused her when she was six and seven years old. She described being taken to the basement while her mother was asleep, having various sexual acts performed on her, and being shown explicit videos. She did not initially report the abuse due to fear and threats from the man. Eventually, she told her grandmother, which led to a police and medical investigation, forensic interviews, and the discovery of pornography and sex-related items in the home. The man denied the allegations and was indicted on multiple charges. Though the children gave inconsistent statements in family court, at the criminal trial both confirmed the abuse and explained their earlier denial was out of fear and misunderstanding.A Jefferson County jury acquitted the defendant of intimidating a participant in a legal proceeding but convicted him of three counts of first-degree sodomy, two counts of first-degree sexual abuse, and one count of distributing obscene matter to a minor. The Jefferson Circuit Court sentenced him to twenty years in prison, adopting the jury’s recommendation.On appeal to the Supreme Court of Kentucky, the defendant argued that the trial court erred by admitting certain testimony and other acts evidence, denying his motion for a directed verdict on the obscene matter charge, and refusing to instruct the jury on lesser-included offenses. The Supreme Court of Kentucky rejected all arguments. It held that the challenged testimony was properly admitted, the evidence was sufficient to support the obscene matter conviction, the other acts evidence was admissible with proper notice, and the trial court properly declined to instruct on lesser-included offenses. The court affirmed the conviction and sentence. View "MENDEZ V. COMMONWEALTH OF KENTUCKY" on Justia Law

An elderly woman with significant medical issues, including heart and lung conditions, was a resident at a nursing home from 2018 until her death in December 2020. In late November 2020, she tested positive for COVID-19 and was transferred to a COVID unit within the facility. On December 3, 2020, she was found unresponsive by staff but did not receive immediate medical intervention for nearly five hours. She was eventually transported to a hospital, where she died the same day from acute respiratory distress. Her medical records indicated care being provided after her death, raising questions about record accuracy. Her estate administrator brought suit against the nursing home and related parties, alleging negligence, medical negligence, wrongful death, and other claims, asserting that her death resulted from neglect rather than COVID-19 itself.The case was first reviewed by the Graves Circuit Court, which granted summary judgment in favor of the defendants, holding that they were immune under Kentucky’s COVID-19 immunity statute (KRS 39A.275). The court found that the decedent died from COVID-19 as evidenced by her death certificate and that no gross negligence had been sufficiently shown. The Kentucky Court of Appeals affirmed this decision, reasoning that immunity applied under the statute because COVID-19 was a factor and that the plaintiff failed to present sufficient proof of gross negligence.Upon further review, the Supreme Court of Kentucky reversed the lower courts’ decisions. It held that summary judgment was inappropriate because there remained genuine issues of material fact as to whether the woman's injuries and death were actually caused by COVID-19 or by the nursing home's alleged neglect. The Court clarified that the immunity statute requires a causal connection between the harm and COVID-19, and does not automatically apply to all injuries during the emergency period. The case was remanded for additional proceedings and further discovery. View "JACKSON V. MAYFIELD KY OPCO, LLC" on Justia Law

The case involves an incident in September 2020 where Hartsfield met B.B. at a hotel, and B.B. later accused Hartsfield of rape and assault. Both individuals were interviewed by police, and these interviews were recorded on body cameras. The key evidentiary dispute centered on a portion of the body camera video in which a police officer stated his opinion about whether B.B. was telling the truth regarding her allegations against Hartsfield.The Fayette Circuit Court denied the Commonwealth’s motion in limine, which sought to exclude the officer’s recorded opinion about B.B.’s credibility. The court ruled that the entire body camera video was admissible, reasoning that the officer’s statements provided context rather than being offered for the truth of the matter asserted. The Commonwealth appealed this decision. The Kentucky Court of Appeals reversed the trial court, holding that the officer’s comments on the alleged victim’s credibility were inadmissible and that the trial court erred in ordering the wholesale admission of the video.Upon discretionary review, the Supreme Court of Kentucky affirmed the Court of Appeals’ decision. The Supreme Court held that it is generally improper for one witness to opine on the veracity of another witness, whether directly or indirectly, and that such opinions are within the exclusive province of the jury. The Court distinguished prior precedent, concluding that the officer’s statements at issue were not part of an interrogation technique but were testimonial and inadmissible. The Supreme Court also clarified that video evidence must be limited to admissible portions rather than admitted in its entirety if it contains impermissible content. The Court remanded the case for the trial court to grant the Commonwealth’s motion in limine. View "HARTSFIELD V. COMMONWEALTH OF KENTUCKY" on Justia Law

A non-profit religious organization sought to build an outdoor grotto, including a shrine, plaza, and walking path, on land adjacent to its existing church property. The new grotto was planned for a parcel subject to a lease and eventual transfer to the organization. The property was zoned for residential use, and while the church itself predated the zoning ordinance, the construction of accessory religious structures was not directly permitted under the current ordinance unless the church was located adjacent to an arterial street. The organization’s application acknowledged this restriction but requested approval for the project and setback variances.The Park Hills Board of Adjustment held a public hearing, received input both for and against the project, and ultimately approved the conditional use permit and variances, conditioned on the property transfer. Neighbors opposed to the project, specifically the Frederics, challenged the Board’s decision in the Kenton Circuit Court, arguing that the Board exceeded its authority under local ordinances and state law. The circuit court ruled in favor of the defendants, finding that the church was “grandfathered” due to its pre-zoning existence and that the Board did not act arbitrarily. The court did not address the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) claim raised during summary judgment.On appeal, the Kentucky Court of Appeals reversed, holding the Board acted arbitrarily and exceeded its authority, as the expansion constituted an impermissible enlargement of a nonconforming use under both the zoning code and state law. The court also found no RLUIPA violation, reasoning that the ordinance did not impose a substantial burden on religious exercise.The Supreme Court of Kentucky granted discretionary review. The Court held that the RLUIPA defense was properly before it, as it had been tried by implied consent of the parties. On the merits, the Court concluded that denial of the permit did not impose a substantial burden under RLUIPA, applying the Sixth Circuit’s standard. The Court also found that the zoning ordinance did not violate RLUIPA’s equal-terms provision. The Court affirmed the Court of Appeals’ ruling, vacating the Board’s grant of the permit and variances. View "MISSIONARIES OF SAINT JOHN THE BAPTIST, INC. V. FREDERIC" on Justia Law

A recently enacted statute in Kentucky, Senate Bill 1 (SB 1), altered the governance structure of only the Jefferson County public school district by granting its superintendent increased authority and reducing the powers of its school board. The law also imposed unique restrictions on the Jefferson County Board of Education, such as limiting meeting frequency and permitting unilateral actions by the superintendent not available in other districts. No other public school district in Kentucky was subject to these new terms, and the law did not provide an explanation for this differential treatment or why such governance changes would be unsuitable for other districts.The Jefferson County Board of Education challenged SB 1, alleging that it violated Section 59 of the Kentucky Constitution, which prohibits special or local legislation regarding the management of public schools unless justified by a reasonable basis. The Jefferson Circuit Court reviewed the challenge and found that SB 1 was unconstitutional because it conferred disparate treatment on Jefferson County without a rational or natural distinction justifying the law’s limitation to that district. The Kentucky Court of Appeals affirmed the trial court’s decision, agreeing that the law amounted to impermissible special legislation.The Supreme Court of Kentucky reviewed the appeal and affirmed the lower courts’ rulings. The court held that SB 1 violates Section 59 of the Kentucky Constitution because it treats Jefferson County’s school district and its superintendent differently from all others without any reasonably articulable natural and distinctive reason. The court clarified that while the legislature may address specific local needs through classification, such distinctions must be reasonable and related to legislative objectives. The court’s disposition was to affirm the judgments that found SB 1 unconstitutional. View "COLEMAN V. JEFFERSON COUNTY BOARD OF EDUCATION" on Justia Law

A firefighter employed by a city filed a legal action seeking a declaration that a city ordinance requiring firefighters to live within a certain distance of a fire station was invalid. He argued that state law, specifically KRS 311A.027(1), prohibits publicly funded emergency medical service first response providers from imposing residency requirements on employees or volunteers, and that the city's firefighters, who are certified to provide emergency medical services, fall within this category.The McCracken Circuit Court granted summary judgment in favor of the city, holding that the statute in question was not intended to apply to firefighters, but rather to those whose primary duties are as emergency medical service first response providers. The trial court reasoned that firefighters are primarily governed by a different chapter of Kentucky law, which does not prohibit residency requirements. The Kentucky Court of Appeals affirmed this decision, agreeing with the trial court’s interpretation and analysis.On discretionary review, the Supreme Court of Kentucky examined whether the statute applies to the city’s fire department and its personnel. The Court held that KRS 311A.027(1) applies to institutions, not individuals, and that the term “emergency medical service first response provider” as used in the statute refers to entities that provide ambulance services and are regulated as such under Kentucky law. Because the city’s fire department does not operate ambulances or provide ambulance services, it is not an emergency medical service first response provider within the meaning of the statute. Therefore, the residency ordinance is not preempted by KRS 311A.027(1). The Supreme Court of Kentucky affirmed the decision of the Court of Appeals. View "TORIAN V. CITY OF PADUCAH, KENTUCKY" on Justia Law

A mechanical maintenance technician employed at a steel manufacturing facility contracted COVID-19 in August 2021, which ultimately led to his death following a double lung transplant and subsequent infection. The employee worked closely with a single partner during long shifts, and both were unvaccinated, sometimes failing to comply with company mask policies. The employee’s family and estate filed a workers’ compensation claim, alleging that his work conditions placed him at a greater risk of contracting COVID-19 than the general public. Evidence included testimony about his work environment, social activities, and the timeline of symptom onset.An Administrative Law Judge (ALJ) reviewed the claim and found that the estate failed to prove the employee’s exposure to COVID-19 at work was greater than that of the general public, or that his work increased his risk of contracting or exacerbating the disease. The ALJ dismissed the claim, concluding that the statutory requirements for an occupational disease under Kentucky law were not met. The Workers’ Compensation Board affirmed the ALJ’s findings, as did the Kentucky Court of Appeals, both determining that substantial evidence supported the denial of benefits and that the ALJ had not misapplied the law.The Supreme Court of Kentucky reviewed the case and affirmed the Court of Appeals’ decision. The Court held that, for a communicable disease like COVID-19 to be compensable under workers’ compensation, the claimant must prove the disease was work-related, that the nature of the employment increased the risk of contracting the disease compared to the general public, and that the injury exceeded the normal effects of such a disease. The Court found the estate did not meet its burden of proof on the threshold issue of work-related causation and affirmed the dismissal of the claim. View "ESTATE OF PERKINS V. NORTH AMERICAN STAINLESS" on Justia Law

An employee worked for over sixteen years as a shuttle car operator for a coal company, primarily in Kentucky, where he was regularly exposed to hazardous noise. After the Kentucky mine closed, he continued working for the same employer in Alabama for nine months before retiring. The employee began experiencing hearing difficulties before leaving Kentucky, and was later diagnosed with work-related hearing loss. He filed a workers’ compensation claim in Kentucky, listing his last day of work in Kentucky as the date of last exposure.The Administrative Law Judge (ALJ) dismissed the employee’s claim for coal workers’ pneumoconiosis but granted his hearing loss claim, finding that the injury occurred on his last day working in Kentucky. The ALJ relied on medical testimony indicating that the short period of exposure in Alabama was inconsequential to the hearing loss, and applied Kentucky Revised Statute (KRS) 342.7305(4), which presumes liability for the employer with whom the employee was last injuriously exposed to hazardous noise for at least one year. The Workers’ Compensation Board affirmed, concluding that Kentucky had jurisdiction and that the injury manifested while the employee was still working in Kentucky. The Kentucky Court of Appeals also affirmed, holding that extraterritorial coverage statutes did not apply because the injury occurred in Kentucky.The Supreme Court of Kentucky affirmed the Court of Appeals’ decision. The Court held that, under the amended KRS 342.7305(4), the date of injury for liability purposes is when the employee was last injuriously exposed to hazardous noise for at least one year with the employer, here in Kentucky. The Court concluded that Kentucky had jurisdiction over the claim and that the insurer covering the employer on that date was liable. View "KENTUCKY EMPLOYERS' MUTUAL INSURANCE V. CLAS COAL CO., INC." on Justia Law

A retired teacher who continued to work as a substitute until 2014 filed a workers’ compensation claim in 2015, alleging he developed mesothelioma from asbestos exposure during his employment with a county school board. Initially, he identified his last exposure as occurring during his full-time employment, which ended in 2003, and named Kentucky Employers’ Mutual Insurance (KEMI) as the insurer. Later, the Administrative Law Judge (ALJ) determined that the last injurious exposure actually occurred in 2014, when the teacher stopped substitute teaching, which would make Encova Mutual Insurance Group the responsible carrier for the claim.After the ALJ’s finding, KEMI sought to have Encova certified as the responsible insurer, but the ALJ denied the motion as untimely and questioned his authority to resolve the issue. The Workers’ Compensation Board (WCB) affirmed the denial, but on the ground that neither KEMI nor Encova had standing, as neither had been formally joined as parties. The Kentucky Court of Appeals reversed, holding that the ALJ and WCB had the authority and obligation under the Workers’ Compensation Act to determine and certify the proper insurance carrier, even after a change in the last date of exposure.The Supreme Court of Kentucky affirmed the Court of Appeals. It held that the ALJ and WCB have statutory authority to determine which insurer is responsible for payment of benefits when the last date of injurious exposure changes, and that insurers have standing to participate in such proceedings. The Court further held that the Act binds the insurer on the risk at the time of last exposure, regardless of notice or formal joinder, and that equitable defenses such as laches or estoppel do not bar certification in these circumstances. The case was remanded for proceedings consistent with this opinion. View "ENCOVA MUTUAL INSURANCE GROUP V. HALL" on Justia Law