Justia Kentucky Supreme Court Opinion Summaries

The Supreme Court denied Petitioner's request for a writ of prohibition and/or mandamus directing the circuit court to vacate the denial of her motion to stay discovery in a wrongful death/negligence action, holding that Petitioner failed to demonstrate that denial of the stay would cause her great and irreparable harm, and therefore, a writ was unavailable to her.The wrongful death/negligence action named as defendants Petitioner, her former employer and others. Petitioner sought to stay discovery in the action until a parallel criminal case against her alone was completed. In this action seeking writ relief Petitioner sought to stay all civil discovery until her indictment was resolved so that she could freely exercise her constitutional right to remain silent. The court of appeals denied the writ. The Supreme Court affirmed, holding that Petitioner was not entitled to the requested writ. View "Barnes v. Honorable Julie Goodman" on Justia Law

The Supreme Court remanded this case to the Workers' Compensation Board, holding that Mark Ivey's pre-employment lower back disc herniation and two surgeries required an impairment rating to be carved out of his permanent partial disability rating for which his employer, ViWin Tech, would be responsible.An ALJ assigned a whole-person impairment of twenty-eight percent and rejected a carve-out for a pre-existing injury. The Board and court of appeals affirmed. The Supreme Court reversed, holding that, based on a plain reading of the relevant statutes and the AMA Guides, the ALJ erred in concluding that a carve-out was unwarranted. View "Viwin Tech Windows & Doors, Inc. v. Ivey" on Justia Law

The Supreme Court reversed the judgment of the court of appeals affirming denial of disability retirement benefits by the Board of Trustees of the Kentucky Retirement Systems, holding that the lower courts misinterpreted the holding in Kentucky Retirement Systems v. West, 413 S.W.3d 578 (Ky. 2013), leading to multiple errors.At issue was the proof required of a public employee with less than sixteen years' credit to establish that his genetic condition that was present at conception but dormant until after twelve years on the job was not a "pre-existing" condition disqualifying him from benefits under Ky. Rev. Stat. 61.600(3)(d). Defendant was denied benefits, and the circuit court affirmed. The court of appeals affirmed the circuit court's reading of West and its denial of disability retirement benefits. The Supreme Court reversed, holding that multiple errors occurred, and each error was arbitrary, capricious, View "Elder v. Kentucky Retirement Systems" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals reversing the decisions of the administrative law judge (ALJ) and the Workers' Compensation Board that the twelve percent interest on workers' compensation income benefits that were due but unpaid under the prior version of Ken. Rev. Stat. 342.040 applied in this case, holding that the six percent interest rate provided for in the 2017 amendment to the statute was applicable to all of Appellant's due but unpaid benefits.After the 2017 amendment, section 342.040 now provides for an interest rate of six percent on due but unpaid benefits. In 2016, Appellant experienced a compensable injury. Appellant filed a claim after the effective date of the amendment in 2017 and was awarded income benefits by an ALJ in 2018. Both the ALJ and the Board concluded that the twelve percent interest rate continued to apply to that portion of Appellant's benefit award that was attributable to the period before the 2017 effective date of the amendment. The court of appeals reversed. The Supreme Court reversed, holding that, based on the General ASsembly's non-codified but express language regarding its intent with respect to the interest rate set forth in the 2017 amendment, the entirety of Appellant's benefit award was subject to the amended six percent interest rate. View "Martin v. Warrior Coal LLC" on Justia Law

The Supreme Court affirmed the court of appeals' decision upholding an administrative law judge's (ALJ) award of benefits to Deborah Duckworth, holding that the ALJ had the authority to determine the manifestation date for cumulative trauma injury and properly applied controlling law to the facts of this case.On appeal, Ford Motor Company argued that the ALJ exceeded the scope of his authority in determining the manifestation dates of Duckworth's cumulative trauma injuries. The Supreme Court affirmed, holding (1) the ALJ had the authority to determine the manifestation date of Duckworth's cumulative trauma injury; and (2) Ford Motor Company was not deprived of due process because it had adequate notice and opportunity to be heard on the statute of limitations issue. View "Ford Motor Co. v. Duckworth" on Justia Law

The Supreme Court reversed the judgment of the court of appeals denying Henderson County Health Care Corporation's (hereinafter, Redbanks) petition for a writ of prohibition prohibiting the enforcement of an order issued by Judge Karen Wilson of the Henderson Circuit Court compelling Redbanks to produce certain consultant reports to the real party of interest, Roland McGuire, holding that the court of appeals erred.Specifically, the Supreme Court held Redbanks was entitled to the issuance of the writ because the consultant reports at issue in this case were protected by the Federal Quality Assurance Privilege, 42 U.S.C. 1396r(b)(1)(B) and 42 U.S.C. 1395i-3(b)(1)(B), because they were used for quality assurance purposes. View "Henderson County Health Care Corp. v. Honorable Karen Lynn Wilson" on Justia Law

The Supreme Court held that Louisville Metro Government (LMG) and its employees are cloaked in sovereign immunity and qualified official immunity for an alleged violation of Ky. Rev. Stat. 71.040 and that money damages are unavailable because Ky. Rev. Stat. 446.070 does not waive immunity.James Hatcher died within twenty-four hours of entering the custody of the Louisville Metro Department of Corrections (LMDC). Plaintiffs filed suit alleging a violation of section 71.040. Plaintiffs alleged multiple torts and constitutional violations, seeking compensatory and punitive damages from LMG, the LMDC director, and six LMDC guards. The circuit court granted summary judgment for Defendants on all claims, and the court of appeals affirmed. The Supreme Court reversed in part, holding that LMG was immune from a claim for money damages, and that immunity was not waived. View "A.H. v. Louisville Metro Government" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the circuit court's grant of summary judgment to Big Sandy Area Development District, Inc. (BSADD) in this negligence and wrongful death action, holding that BSADD did not have governmental immunity but that the trial court properly granted summary judgment on the merits of Plaintiff's claims against BSADD.BSADD arranges for assistants to visit elderly clients in their homes on a regular basis. After Emma Jean Hall died of the effects of sepsis that developed from a bed sore on her lower back, Plaintiff, in her capacity as the executrix of Hall's estate, brought this action alleging that Hall's condition could have been found and remedied had BSADD's home care aid not been negligently attentive. The trial court granted BSADD's motion for summary judgment, concluding that BSADD enjoyed governmental immunity. The court of appeals affirmed. The Supreme Court affirmed but on different grounds, holding (1) BSADD did not have governmental immunity because it did not perform an integral state function; and (2) BSADD was entitled to judgment as a matter of law on the substance of the negligence claim because it did not breach of standard of care to Hall. View "Howard v. Big Sandy Area Development District, Inc." on Justia Law

The Supreme Court affirmed the decision of the court of appeals dismissing Upper Pond Creek Volunteer Fire Department, Inc.'s appeal of the trial court's denial of its motion to dismiss a portion of Plaintiffs' claims until material facts could be developed in discovery, holding that the court of appeals properly concluded that it lacked appellate jurisdiction.Ronnie and Amanda Kinser filed this complaint alleging that the fire department was negligent in providing assistance to Ronnie and in hiring, training, supervising, and retaining its employees. Pond Creek filed a motion to dismiss, asserting governmental immunity under Ky. Rev. Stat. 75.070. The circuit court granted the motion. The Kinsers filed a motion to alter, amend, or vacate, arguing that section 75.070 does not expressly apply to their claims for negligent hiring and training. The circuit court granted the Kinsers 120 days to conduct discovery regarding the immunity of the fire department and its employees and then sustained the motion to alter, amend, or vacate as to the negligent hiring and training claims. The court of appeals dismissed Pond Creek's appeal for lack of jurisdiction, concluding that the interlocutory order was not immediately appealable. The Supreme Court affirmed, holding that this was an improper interlocutory appeal. View "Upper Pond Creek Volunteer Fire Department, Inc. v. Kinser" on Justia Law

In this lawsuit brought against Johnson & Johnson, Inc. and other entities (collectively, Defendants) alleging state tort claims due to injuries caused by a Class III medical device the Supreme Court reversed the judgment of the trial court granting Defendants' motion for judgment on the pleadings based on federal preemption of all claims, holding that, under Kentucky's notice pleading standards, the motion for judgment on the pleadings should have been denied.In their complaint, Plaintiffs asserted claims for, inter alia, strict liability negligence, and lack of informed consent. Defendants moved for judgment on the pleadings based on federal preemption of all claims. The trial court granted the motion and dismissed all of Plaintiffs' claims. The court of appeals affirmed. The Supreme Court reversed, holding that, under Kentucky's notice pleading standard, Plaintiffs' complaint sufficiently put Defendants on notice of parallel claims under Kentucky law that may not be preempted. View "Russell v. Johnson & Johnson Inc." on Justia Law