Justia Kentucky Supreme Court Opinion Summaries
Ashland Hospital Corp. v. Darwin Select Insurance Co.
The Supreme Court reversed the opinion of the court of appeals determining that the prior notice of events exclusion (Exclusion 15) contained in the insurance policies applied to deny the coverage sought by King's Daughters Medical Center (KDMC) for claims made against it and that Insurers were entitled to recoupment of expenses, holding that the court of appeals erred as to both issues.Multiple medical malpractice claims were asserted against KDMC alleging unnecessary cardiac operations and lack of informed consent, among other allegations. Insurers subsequently filed a declaratory action in circuit court to determine their rights and coverage under the relevant policies. The circuit court granted summary judgment in favor of KDMC. The court of appeals reversed, ruling that Exclusion 15 applied to bar professional liability and excess coverage for the underlying litigation and that Insurers were entitled to recoupment of their expenses thus far in defending the litigation. The Supreme Court reversed, holding (1) Exclusion 15 did not bar coverage; and (2) the court of appeals lacked jurisdiction to rule on recoupment. View "Ashland Hospital Corp. v. Darwin Select Insurance Co." on Justia Law
Posted in:
Insurance Law, Medical Malpractice
Bradley v. Commonwealth
The Supreme Court vacated the judgment of the circuit court in this appeal challenging a ruling of the circuit court concerning the constitutionality of House Bill 348 (HB 348) and remanded the matter with instructions to dismiss the action in its entirety without prejudice, holding that Plaintiff's claims must be dismissed for lack of standing.HB 348 partially adopted the Supreme Court's 2016 proposed judicial redistricting plan, including the recommendation of the Supreme Court that one of the divisions of general jurisdiction in the thirty-first judicial circuit be eliminated. Plaintiff initiated this action arguing that HB 348's elimination of one division of general jurisdiction violated section 112(3) of the Kentucky Constitution. In a mixed ruling, the circuit court concluded that HB 348 was unconstitutional. The Supreme Court vacated the circuit court's judgment, holding that Plaintiff failed to allege a concrete and particularized injury-in-fact to confer constitutional standing in her individual capacity. View "Bradley v. Commonwealth" on Justia Law
Posted in:
Civil Procedure, Constitutional Law
Commonwealth v. Boone
The Supreme Court reversed the decision of the court of appeals reversing Defendant's convictions for theft of identity and being a persistent felony offender in the first degree, holding that the court of appeals erred in holding that giving a peace officer false information is not a lesser-included offense of theft of identity.On appeal, the court of appeals concluded that the trial court erred by failing to instruct the jury on the misdemeanor offense of giving a peace officer false identifying information as a lesser-included offense to the theft of identity charge and reversed as to that conviction. The Supreme Court reversed, holding that the trial court acted properly and did not abuse its discretion when it chose not to give jury instructions on a lesser, not-included offense. View "Commonwealth v. Boone" on Justia Law
Posted in:
Criminal Law
Goff v. Honorable Edwards
The Supreme Court affirmed the judgment of the court of appeals denying a writ of mandamus directing the circuit court to dismiss the underlying circuit court action filed by three sisters (Sisters), holding that the circuit court correctly denied the writ.The Sisters, daughters of Elbert Goff Sr., brought the underlying complaint against, among others, Appellant, individually and in her capacity as the personal representative of Elbert's Estate, alleging that Appellant breached her fiduciary duties to Elbert before he died through self-dealing. The circuit court denied Appellant's ensuing motion to dismiss. Appellant petitioned the court of appeals for a writ of mandamus directing the circuit court to dismiss the Sisters' complaint, but the court of appeals denied the request. The Supreme Court affirmed, holding (1) the circuit court had subject-matter jurisdiction in this case; and (2) an appellate remedy was available, and great injustice and irreparable injury will not be suffered by Appellant. View "Goff v. Honorable Edwards" on Justia Law
Posted in:
Trusts & Estates
Leslie-Johnson v. Hon. Audra Eckerle
The Supreme Court affirmed the order of the court of appeals denying a motion for writs of prohibition and mandamus, holding that there was no error.In the underlying medical negligence action, Petitioners filed a petition seeking a writ of prohibition in the court of appeals to prohibit the enforcement of a circuit court order directing them to provide Norton Healthcare with nine years of Facebook data. Alternatively, Petitioners sought a writ of mandamus directing the circuit court to enter a more constrained discovery order. The court of appeals denied the motion for writs of prohibition and mandamus. The Supreme Court affirmed, holding that Petitioners' series of general objections were without merit, and therefore, the court of appeals did not err in denying the writ. View "Leslie-Johnson v. Hon. Audra Eckerle" on Justia Law
Posted in:
Medical Malpractice, Professional Malpractice & Ethics
Lakshmi Narayan Hospitality Group Louisville v. Jimenez
The Supreme Court affirmed the judgment of the court of appeals concluding that Claimant's claim for disability benefits was not barred by res judicata and that the Workers' Compensation Board misconstrued the reopening statute, Ky. Rev. Stat. 342.125(1)(d) and (2), holding that the court of appeals did not err.In 2017, Claimant received a work-related injury, and an administrative law judge (ALJ) awarded her temporary total disability benefits. In 2019, Claimant alleged a worsening of her condition, and her claim was reopened pursuant to section 342.125(1)(d). An ALJ awarded Claimant permanent partial disability benefits and future medical benefits. The Board reversed, holding that the ALJ's original decision was supported by substantial evidence and therefore was res judicata. The court of appeals reversed, concluding that the Board misconstrued section 342.125 and erred in its res judicata analysis. The Supreme Court affirmed, holding that nothing in the plain language of section 342.125 precludes reopening of a temporary disability award. View "Lakshmi Narayan Hospitality Group Louisville v. Jimenez" on Justia Law
McGaha v. McGaha
The Supreme Court reversed the decision of the court of appeals for failing as a reviewing court to give proper deference to the trial court's decision to deny Appellees leave to amend a pleading and held that the court erred when it found that the district court lacked jurisdiction to probate the will at issue in this action.Plaintiff filed this action challenging the validity of the decedent's will and asserting claims of undue influence and breach of fiduciary duty by Defendants and requesting a declaration that the will was invalid. After Plaintiff settled his claims with some of the defendants, defendant Suzanne McGaha filed a motion for leave to amend her answer and to assert cross-claims and certain objections. The district court overruled the motion. The court of appeals reversed. The Supreme Court reversed, holding (1) the court of appeals erred in concluding that the district court lacked jurisdiction over the probate matter because of an alleged defect with verification of the probate petition; and (2) the circuit court did not abuse its discretion by denying Suzanne's motion for leave to amend her answer to assert cross-claims. View "McGaha v. McGaha" on Justia Law
Posted in:
Trusts & Estates
Simpson v. Commonwealth
The Supreme Court affirmed the judgment of the circuit court sentencing Defendant to twenty years' imprisonment for his convictions of two counts of manslaughter in the second degree, driving under the influence of controlled substances first offense, and persistent felony offender first degree, holding that Defendant's claims of error did not warrant reversal.Specifically, the Supreme Court held (1) the trial court was correct in declining to suppress Defendant's statements statements he made at the accident scene, and suppression of Defendant's blood test was not required in this case; (2) the trial court did not err in excusing a prospective juror for cause; and (3) while certain statements were not properly admissible during the Commonwealth's examination of detective Brandon McPherson, they did not rise to the level of palpable error resulting in manifest injustice. View "Simpson v. Commonwealth" on Justia Law
Commonwealth v. Shirley
The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the circuit court denying Defendant a directed verdict on the charge against her of unlawful access to a computer in the first-degree, holding that Ky. Rev. Stat. 434.840(9)(d) refers to a computer-related purpose.At issue was whether Defendant's act of exchanging the barcodes on two items she purchased with barcodes on two less expensive items and then using the self-scanner at Walmart to purchase the two more expensive items for less than what she should have paid based on the prices at which the items were offered for sale justified conviction for unlawful access to a computer in the first degree. The Supreme Court affirmed the circuit court's denial of a directed verdict on the unlawful access to a computer charge, holding that the term "purpose" in section 434.840(9)(d) refers to an unauthorized computer-related purpose, rather than a broader fraudulent purpose. View "Commonwealth v. Shirley" on Justia Law
Posted in:
Criminal Law
River City Fraternal Order of Police Lodge No. 614, Inc. v. Louisville/Jefferson County Metro Government
The Supreme Court reversed the decisions of the circuit court and court of appeals affirming the judgment of the Kentucky Labor Cabinet finding that because no union business privilege exists in the Commonwealth, the Louisville Metro Police Department (LMPD) did not engage in an unfair labor practice under the circumstances of this case, holding that the lower courts erred.The River City Fraternal Order of Police Lodge No. 614, Inc. (FOP) brought an unfair labor practice claim against the Louisville-Jefferson County Metro Government (Louisville Metro) alleging that the LMPD engaged in an unfair labor practice by coercing the FOP President to reveal communications he had with a sergeant that the FOP asserted were protected by a "union business privilege." The Labor Cabinet concluded that Kentucky does not recognize a union business privilege and therefore entered judgment for the LMPD. The circuit court and court of appeals affirmed. The Supreme Court reversed, holding that Louisville committed an unfair labor practice when it compelled the FOP President to disclose the substance of his conversation with the sergeant. View "River City Fraternal Order of Police Lodge No. 614, Inc. v. Louisville/Jefferson County Metro Government" on Justia Law
Posted in:
Labor & Employment Law