Justia Kentucky Supreme Court Opinion Summaries
Articles Posted in Personal Injury
Keeneland Ass’n v. Prather
The Supreme Court reversed the decision of the court of appeals reversing the trial court's grant of summary judgment in favor of Defendants in this personal injury action, holding that the trial court properly granted summary judgment.Roy Prather was crossing a path between barns at a horse sale at Keeneland Association when a horse broke loose from his handler. While attempting to flee, Prather fell and fractured his shoulder. Prather and his wife (together, Plaintiffs) filed suit against Keeneland and Sallee Horse Vans, Inc., the transportation company that agreed to transport the horse to its destination (together, Defendants), alleging negligence. The trial court granted summary judgment for Defendants, finding that the claims were barred by Ky. Rev. Stat. 247.402, a provision of the Farm Animals Activity Act (FAAA). The court of appeals reversed, raising a new legal theory sua sponte. The Supreme Court reversed, holding that the FAAA applied and that summary judgment was properly granted. View "Keeneland Ass'n v. Prather" on Justia Law
Posted in:
Personal Injury
Meinhart v. Louisville Metro Government
The Supreme Court affirmed the decision of the court of appeals concluding that a police officer was entitled to qualified official immunity from liability for the decision to initiate a police pursuit that ended in a fatal automobile accident, holding that that the officer was shielded from liability.The deceased child's estate and the parents of the other injured children in this case initiated civil actions against Defendants, including the officer. The officer moved to dismiss the actions against him on immunity grounds. The trial court denied the motion, concluding that he was not entitled to immunity. The court of appeals reversed. The Supreme Court affirmed, holding that the court of appeals correctly held that the officer's actions were discretionary and that Appellants did not establish that the officer did not act in good faith. View "Meinhart v. Louisville Metro Government" on Justia Law
Posted in:
Personal Injury
Johnson v. Honorable Stockton Wood
The Supreme Court affirmed the judgment of the court of appeals denying Plaintiff's petition for a writ of mandamus to direct Judge Stockton Wood of the Fleming Circuit Court to issue various orders in her favor, holding that a writ of mandamus was inappropriate.Plaintiff filed a third amended complaint against radiologists and health care providers alleging medical negligence, spoliation, abuse of process, obstruction of justice, and other claims. During a two-month period the trial court entered fourteen separate orders. Plaintiff sought a writ of mandamus directing the court to issue orders in her favor. The court of appeals denied the petition for a writ of mandamus. The Supreme Court affirmed, holding that an adequate remedy by appeal existed for each of the errors Plaintiff alleged. View "Johnson v. Honorable Stockton Wood" on Justia Law
Posted in:
Medical Malpractice, Personal Injury
Davis v. Blendex Co.
The Supreme Court affirmed the decision of the court of appeals affirming the holding of the Workers' Compensation Board that the Administrative Law Judge properly found that Plaintiff's claim for workers' compensation benefits was barred by the applicable statute of limitations, holding that there was no error.Plaintiff received a workplace injury and filed a claim for benefits. Plaintiff never sought or received any temporary total disability benefits prior to the applicable statute of limitations expiring. The insurance adjuster for the employer's workers' compensation insurance carrier offered to settle Plaintiff's claim, but the parties never reached a settlement agreement. Plaintiff later filed an application for resolution of his claim, but the employer denied the claim on the grounds that it was time barred. The ALJ found that the claim was not timely under Ky. Rev. Stat. 342.185. The Board affirmed. The Supreme Court affirmed, holding that the ALJ properly determined that equitable principles did not warrant the tolling of the statute of limitations. View "Davis v. Blendex Co." on Justia Law
Davis v. Progressive Direct Insurance Co.
The Supreme Court affirmed the ruling of the court of appeals excluding from the definition of a "motor vehicle" or "trailer" a horse-drawn wagon for insurance coverage purposes, holding that the insurance policy was unambiguous and did not violate Plaintiff's reasonable expectations when she purchased her motorcycle coverage.While driving her motorcycle, Plaintiff encountered a horse-drawn buggy. The horse became spooked and jumped into oncoming traffic, gravely injuring Plaintiff when she collided with the horse. Plaintiff's motorcycle was insured by Progressive, and neither the driver of the buggy nor his father carried any form of insurance. Progressive denied Plaintiff's claim under the uninsured motorist provision of her motorcycle coverage on the grounds that a horse-drawn wagon was not covered under the policy. The circuit court granted Progressive's motion for summary judgment. The court of appeals affirmed, concluding that the horse-drawn wagon did not qualify as a "motor vehicle" or "trailer of any type" under the policy terms. The Supreme Court affirmed, holding that Plaintiff's assertions on appeal were unsupported. View "Davis v. Progressive Direct Insurance Co." on Justia Law
Posted in:
Insurance Law, Personal Injury
Thomas v. State Farm Fire & Casualty Co.
The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court granting summary judgment in favor of State Farm Fire and Casualty Insurance Company in the underlying personal injury case, holding that there was no error.Bessie Perkins began caring for the children of Donald and Julie Thomas and Jeffrey and Elizabeth Renner in the summer of 2015. That fall, the Renner child was diagnosed with shaken baby syndrome. Thereafter, the Thomas child was diagnosed with two leg fractures. The parents brought a negligence action against Bessie and Jerry Perkins. State Farm, as the Perkinses' insurer, filed an intervening complaint arguing that the Perkinses' behavior implicated the "child care services exclusion," relieving State Farm of liability. The circuit court entered a declaratory judgment in favor of State Farm as to both sets of plaintiffs, finding that the child care services exclusion applied. The Supreme Court affirmed, holding that the policy was unambiguous and reasonable. View "Thomas v. State Farm Fire & Casualty Co." on Justia Law
Posted in:
Personal Injury
United States Liability Insurance Co. v. Watson
The Supreme Court reversed the opinion of the court of appeals reversing the decision of the circuit court granting summary judgment in favor of Defendant pursuant to Kentucky's Unfair Claims Settlement Practices Act (UCSPA) and dismissing Plaintiff's bad faith claim as barred by the statute of limitations, holding that the complaint was untimely.Plaintiff was injured in a motor vehicle accident and settled his dram shop liability claim against Pure Country, LLC, an establishment insured by United States Liability Insurance Company (USLI). Several years after settling, Plaintiff brought a bad faith claim against USLI under the UCSPA. The circuit court concluded that the action was untimely and granted summary judgment for Defendant. The court of appeals reversed. The Supreme Court reversed, holding (1) the trial court correctly determined that the bad faith claim against USLI was barred by the statute of limitations; and (2) the USCPA claim was not saved by relation back to an earlier filed or proposed pleading. View "United States Liability Insurance Co. v. Watson" on Justia Law
Posted in:
Insurance Law, Personal Injury
Commonwealth v. Hess
The Supreme Court vacated the judgment of the court of appeals vacating the order of the trial court denying Ford Motor Company's motion for summary judgment, holding that neither the court of appeals nor this Court had appellate jurisdiction of this unauthorized interlocutory appeal.Plaintiff sued Ford and multiple other defendants, alleging that Ford was one of the parties responsible for causing his malignant mesothelioma. Just over two years after the suit was filed, Ford moved for summary judgment. The trial court denied the motion in a one-sentence handwritten order that contained no analysis or reasoning. The merits panel of the court of appeals vacated the trial court's order and remanded for the trial court to enter another order with a basis for its determination. The Supreme Court vacated the judgment below and remanded to the trial court for further proceedings, holding that the interlocutory order in this case did not meet the requirements of the collateral order doctrine, and therefore, the court of appeals and this Court lacked jurisdiction to hear the appeal. View "Commonwealth v. Hess" on Justia Law
Posted in:
Civil Procedure, Personal Injury
Mosley v. Arch Specialty Insurance Co.
The Supreme Court affirmed the judgment of the court of appeals affirming the trial court's dismissal of this third-party bad-faith case against Arch Specialty Insurance Company and National Union Fire Insurance Company, holding that there was no error.At issue was whether the two insurance companies acted in bad faith while mediating negligence and wrongful death claims asserted by Plaintiff against the insureds of Arch and National Union after her husband died in a coal mining accident. The Supreme Court affirmed, holding that the trial court did not err in dismissing the third-party bad-faith claims and that there was no other error in the proceedings below. View "Mosley v. Arch Specialty Insurance Co." on Justia Law
Posted in:
Insurance Law, Personal Injury
LP Louisville East, LLC v. Patton
The Supreme Court affirmed in part and reversed in part the judgment of the circuit court compelling Plaintiff to arbitrate his claims of wrongful death and negligence against Signature HealthCARE of East Louisville, holding that arbitration was required on all claims.To secure his father's admittance into Signature, a long-term care facility, Plaintiff signed an arbitration agreement as his father's authorized representative. After his father died, Plaintiff brought a negligence and wrongful death claim against Signature. Signature filed a motion to compel arbitration. The trial court denied the motion. The court of appeals reversed in part, holding that Plaintiff's wrongful death claim was arbitrable because he signed the arbitration agreement in his individual capacity. The Supreme Court affirmed in part and reversed in part, holding that both Plaintiff's individual claims and that claims he brought as the representative of his father's estate were subject to arbitration. View "LP Louisville East, LLC v. Patton" on Justia Law