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Kentucky Common Law Law
 
Tim Emberton v. GMRI Inc. f/k/a General Mills Restaurants, Inc. (D/B/A Red Lobster Restaurant #349), et al.

This is an appeal from a Court of Appeals' opinion reversing the Judgment of the Warren Circuit Court in favor of Appellant/ Cross- Appellee, Tim Emberton ("Emberton"), on the grounds that his personal injury action against Appellee/Cross-Appellant, GMRI Inc . ("GMRI"), was untimely filed and thus barred by the statute of limitations. For reasons that GMRI actively concealed Emberton's probable ca... More...   $0 (10-29-2009 - KY)

Ken Hodak v. Madison Capital Management, LLC, et al.

Ken Hodak was hired as CEO of United American Resources GP Services, LLC, in May 2006. In his first four months, Hodak’s performance was less than satisfactory. After management came to suspect that Hodak had breached his Confidentiality Agreement by improperly disclosing to third parties UAR’s pending negotiations to acquire other companies, Hodak was terminated for cause without prior notice... More...   $0 (09-10-2009 - KY)

Labor Ready, Inc. v. Wanda Sue Johnston

In United States Fidelity 8s Guaranty Company v. Technical Minerals, Inc . , 934 S.W .2d 266 (Ky. 1996), the court held that a company that contracted with a temporary labor service for temporary employees was a contractor for the purposes of Chapter 342. Thus, KRS 342.690(1) immunized the contractor from a temporary employee's tort action. This case presents the converse situation . It concerns w... More...   $0 (06-25-2009 - KY)

Cincinnati Insurance Company v. George Hofmeister and Kay Hofmeister

This is the appeal and cross-appeal of a judgment entered in Scott Circuit Court after a jury found Cincinnati Insurance Company (CIC) liable to George and Kay Hofmeister for fraudulent misrepresentation and for violation of the Kentucky Unfair Claims Settlement Practices Act (UCSPA), Kentucky Revised Statutes (KRS) 304.12–230. CIC appeals the trial court’s denial of its motions for summary ju... More...   $0 (10-01-2008 - KY)

A.R., by Her Next Friends, M.R. and W.R.; and M.R. and W.R., on their own behalf v. Fayette County Board of Education, et al.

A.R., by her next friends M.R. and W.R., and M.R. and W.R., on their own behalf (collectively "A.R."), have appealed from the order of the Fayette Circuit Court entered on July 22, 2004, which dismissed all claims against the appellees, the Fayette County Public Schools (FCPS), the Board of Education of Fayette County (the Board), Michael Brady, and Earl Stivers.3 Having concluded that the... More...   $0 (01-20-2007 - KY)

A.C.L.U. OF KENTUCKY v. McCREARY COUNTY

In Stone v. Graham, 449 U.S. 39 (1980) (per curiam), the Supreme Court held that it was patently insufficient for the government to justify schoolhouse displays of the Ten Commandments merely by asserting that "[t]he secular application of the Ten Commandments is clearly seen in its adoption as the fundamental legal code of Western Civilization and the Common Law of the United States." I... More...   $0 (01-30-2005 - KY)

United States of America, On Behalf of the Rural Utilities Service of the Department of Agriculture and the United States Trustee, et al. v. J. Baxter Schilling

At issue in this case are the duties of disinterest and disclosure of an examiner appointed to facilitate a reorganization under Chapter 11 of the Bankruptcy Code. The issues arise from the appointment of J. Baxter Schilling to serve as the examiner in the reorganization of Big Rivers Electric Corporation, which was unable to meet obligations on $1.2 billion in debt and whose September 1996 bankru... More...   $0 (01-19-2004 - KY)

Doall Louisville Company v. Frank Ferrante and Huff Carbide Tool, Inc.

This is a products liability case with a lengthy procedural history. The issues on appeal concern the apportionment of liability, post-judgment interest, and a penalty assessed under KRS2 26A.300.

FACTS On October 14, 1991, Frank Ferrante sustained an eye injury from a shattered cutting tool similar to a drill bit, commonly referred to in the industry as an end mill. It is signific... More...   $471343 (12-16-2003 - KY)

Linda Korfhage v. Edward Prell

Linda Korfhage and appellee, Edward A. Prell, were formerly husband and wife. During their marriage, they purchased, upon contract, certain property located on Fern Valley Road in Jefferson County, Kentucky. The purchase was made from Linda's parents, Larry J. and Carolyn Korfhage.

On October 1, 1997, Linda and Edward became involved in a divorce proceeding. On July 8, 1998, while the div... More...   $0 (12-15-2003 - KY)

First Union Home Equity Bank, N.A. v. Bedford Loan and Deposit Bank

These are consolidated appeals from orders adjudging that appellee's second mortgage has equal priority with appellant's first mortgage, a purchase money mortgage, because the mortgagor's husband did not sign the first mortgage. We adjudge that because of the provision in KRS 392.040(1) stating that a spouse does not have a curtesy interest in land sold to satisfy a purchase money mortgag... More...   $0 (07-25-2003 - KY)

Gary K. Best, et al. v. Ronald R. Cyrus

The plaintiffs in this appeal are Gary K. Best and William J. Londrigan, the trustees of an employee pension plan; Dewey C. Parker, Jr., a participant in the plan; and the plan itself. The plaintiffs appeal the district court's grant of summary judgment dismissing their claims against the defendant, Ronald R. Cyrus, for breach of his fiduciary duties under the Employee Retirement Income Security A... More...   $0 (11-20-2002 - KY)

Jane B. Caudill, et al. v. Eubanks Farms, Inc., et al.

Plaintiffs are shareholders in a closely held Kentucky corporation, Eubanks Farms, Inc. In their complaint, Plaintiffs allege that a shareholder deadlock exists and that the business of the corporation can no longer be conducted to the advantage of the shareholders generally. Plaintiffs requested that Defendant Eubanks Farms, Inc. be dissolved pursuant to Ky. Rev. Stat. § 271B.14 on the grounds of... More...   $0 (09-04-2002 - KY)

Joe James, et al. v. Meow Media, Inc., et al.

On December 1, 1997, Michael Carneal walked into the lobby of Heath High School in Paducah, Kentucky, and shot several of his fellow students, killing three and wounding many others. The parents and estate administrators of Carneal's victims -- Jessica James, Kayce Steger, and Nicole Hadley -- (hereinafter collectively referred to as "James") appeal the judgment of the district court dismissing, f... More...   $0 (08-13-2002 - KY)

Cynthia Reyes v. Hardin County d/b/a Hardin Memorial Hospital and Hardin County Fiscal Court d/b/a Hardin Memorial Hospital

Hardin Memorial Hospital is owned and operated by Hardin County, Kentucky, and the elected members of the Hardin Fiscal Court serve as its board of directors. Appellant Cynthia Reyes brought this action in the Hardin Circuit Court claiming that while a patient at the hospital in January 1995, she was injured when a hospital employee negligently inserted an intravenous needle into her hand. The... More...   $0 (08-23-2001 - KY)

Collins v. Hudson

This wrongful death case was brought by the administratrix of a police informant who was murdered by a person against whom he had informed after his identity had been disclosed by law enforcement officials. The issue before this Court is whether the officials had a statutory or common law duty to tell the informant that his identity had been revealed to defense counsel so that he could protect h... More...   $0 (06-14-2001 - KY)

Collins v. Hudson

This wrongful death case was brought by the administratrix of a police informant who was murdered by a person against whom he had informed after his identity had been disclosed by law enforcement officials. The issue before this Court is whether the officials had a statutory or common law duty to tell the informant that his identity had been revealed to defense counsel so that he could protect... More...   $0 (06-14-2001 - KY)

Laydell Silcox v. City of Louisville

Personal Injury - Municipality (Immunity) - Kentucky Recreational Use Statute (411.190) - On June 12, 1994, the plaintiff, Laydell Silcox and several friends drove to Otter Creek Park, which is owned by the City. Silcox entered the park at the Garnettsville Picnic Area entrance which displays a sign stating "Entrance Fee 2.00 Per Car." Testimony given revealed that a charge is assessed for entry... More...   $18314 (03-08-1996 - KY)

Patricia Lynn Herald v. Teri C. Williams

Automobile accident - On May 18, 1990, Patricia Lynn Herald Wilson, plaintiff, was en route to the place of her employment as a school teacher. As she approached the intersection of Man-O-War and Palumbo in Lexington, she was struck by a vehicle being driven by Teri C. Williams, who was intoxicated. At the scene, Williams was arrested and subsequently charged with DUI. She subsequently pled gui... More...   $0 (04-16-1998 - KY)

 
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