FRANKFORT, Ky., Aug. 7, 2017 – The Supreme Court of Kentucky will convene Aug. 16-18 in Frankfort to hear oral arguments in civil cases and a criminal case. Proceedings are open to the public and will take place in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave. in Frankfort.
The public may also observe oral arguments via the Supreme Court live stream on the Kentucky Court of Justice website. Oral arguments are available online as they occur in real time and are not available as archives.
The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices (bios) sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.
WEDNESDAY, AUG. 16, 2017
9 AM
2016-SC-000280-DG
BOARD OF COMMISSIONERS OF THE CITY OF DANVILLE, KENTUCKY V. ADVOCATE COMMUNICATIONS, INC. D/B/A THE ADVOCATE-MESSENGER
“Open Meetings. Issues include applicability of the KRS 61.810(1)(b) exception regarding “deliberations on the future acquisition … of real property” in circumstances involving bidding at public auction.”
Discretionary Review granted 12/8/2016
Boyle Circuit Court, Judge Darren Peckler
Attorney for Appellant: Stephen Dexter
Attorneys for Appellee: Jon L. Fleischaker, Jeremy Stuart Rogers and Michael P. Abate
10 AM
2016-SC-000099-DG
AUSLANDER PROPERTIES, LLC V. JOSEPH HERMAN NALLEY, ET AL.
“Negligence Per Se. KOSHA/OSHA. Property Management Companies. Issues include whether a small property rental company was required to comply with KOSHA/OSHA fall prevention regulations when it hired an independent contractor to trim trees at one of its properties.”
Discretionary Review granted 12/8/2016
Nelson Circuit Court, Judge John David Seay
Attorneys for Appellant: John Douglas Hubbard, James Wendell Taylor, John Choate Roach and Ryan Richard Loghry
Attorneys for Joseph Herman Nalley, Mary Nalley and Stephanie Nalley: Kevin Crosby Burke, Michelle Buckley Sparks, Keith Allen Sparks and Jamie Kristin Neal
Attorneys for Jewish Hospital and St. Mary’s Healthcare, Inc., D/B/A Frazier Rehab Institute: Brian Scott Katz and Jamie Kristin Neal
Attorneys for University Medical Center, Inc., D/B/A University of Louisville Hospital: John Byron Moore and Jamie Kristin Neal
11 AM
2016-SC-000195-DG
MARTIN/ELIAS PROPERTIES, LLC V. ACUITY, A MUTUAL INSURANCE COMPANY
“Insurance Law. Commercial General Liability Coverage. “Occurrence” or “Accident.” Issues include whether a concrete contractor’s CGL insurer was required to cover damage caused when the contractor, who was hired to dig a deeper basement under an existing building, failed to properly support the foundation and caused the entire structure to become unstable.”
Discretionary Review granted 12/8/2016
Kenton Circuit Court, Judge Gregory M. Bartlett
Attorneys for Appellant: Paul R. Boggs, III and Jonathan Douglas Gray
Attorneys for Appellee: Judd Uhl, Katherine Kennedy and Laura Salzman
THURSDAY, AUG. 17, 2017
9 AM
2016-SC-000511-DG
BAUMANN PAPER CO., INC. V. KENNETH HOLLAND
“Contracts. Statute of Frauds. Unjust enrichment. The issue involves the enforceability of an agreement to provide future benefits in lieu of a retirement plan, which though signed by the employee was never executed by the employer.”
Discretionary Review granted 12/8/2016
Fayette Circuit Court, Judge Pamela Goodwine
Attorneys for Appellant: William A. Hoskins, III, Brent Robert Baughman, Margaret Jane Brannon, and Jared Andrew Cox
Attorney for Appellee: Edwin Clark
10 AM
2016-SC-000365-DG
COMMONWEALTH OF KENTUCKY V. KYLE D. THOMPSON
“Criminal Law. Ineffective assistance of counsel. Advice on a guilty plea. The issue for consideration is whether it is ineffective assistance of counsel when counsel fails to advise their client, who intends to plead guilty to the crime of attempted kidnapping of a minor, that they will also be required to register as a sex offender.”
Discretionary Review granted 12/8/2017
Hardin Circuit Court, Judge Kelly M. Easton
Attorney for Appellant: Kenneth Wayne Riggs
Attorney for Appellee: Robert C. Bishop
11 AM
2016-SC-000181-DG
LAKE CUMBERLAND REGIONAL HOSPITAL, LLC V. HELEN ADAMS
Discretionary Review granted 10/13/2016
Pulaski Circuit Court, Judge David A. Tapp
Attorneys for Appellant: Bryan Todd Thompson, Millicent Ann Tanner, Eleanor M. B. Davis, Chad Owens Propst and Joseph Wright
Attorneys for Appellee: Stephen M. O’Brien, III, Adam J. Stigall and David Coomer
2016-SC-000189-DG
SPRING VIEW HOSPITAL, LLC V. KAREN JONES (NOW EPLEY)
Discretionary Review granted 10/13/2016
Marion Circuit Court, Judge Allan Ray Bertram
Attorneys for Appellant: Bryan Todd Thompson, Millicent Ann Tanner, Eleanor M. B. Davis, Chad Owens Propst and Joseph Wright
Attorneys for Appellee: Joseph Hubert Mattingly, III, Kandice D. Engle-Gray, Kaelin Goheen Reed, John Elder, IV
2016-SC-000259-DG
SPRING VIEW HOSPITAL, LLC V. JOYCE SPALDING, ET AL.
2016-SC-000277-DG
JOYCE SPALDING, EXECUTRIX OF THE ESTATE OF JOSEPH PAUL SPALDING, DECEASED, ET AL. V. SPRING VIEW HOSPITAL, LLC
Discretionary Review granted 10/13/2016
Marion Circuit Court, Judge Dan Kelly
Attorneys for Spring View Hospital, LLC: Bryan Todd Thompson, Millicent Ann Tanner, Eleanor M. B. Davis, Chad Owens Propst and Joseph Wright
Attorneys for Joyce Spalding, et al.: Joseph Hubert Mattingly, III, Kaelin Goheen Reed, John Elder, IV
“Torts. Negligent Credentialing. Whether the tort of negligent hospital credentialing should be recognized in Kentucky.”
FRIDAY, AUG. 18, 2017
10 AM
2016-SC-000642-TG
MATTHEW G. BEVIN, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE COMMONWEALTH OF KENTUCKY V. ANDY BESHEAR, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE COMMONWEALTH OF KENTUCKY
“Governor’s authority to reorganize state university boards, pursuant to KRS 12.028. Mootness.”
Franklin Circuit Court, Judge Phillip J. Shepherd
Attorneys for Appellant: Michael T. Alexander, Mark Stephen Pitt and Stephen Chad Meredith
Attorneys for Appellee: Andy Beshear, John Michael Brown, La Tasha Arnae Buckner, Laura Tipton, Steven Travis Mayo
