Janet McAlpin sued W.A. Davis Construction, Inc. and Brian Hurley on an auto negligence theory claiming that she was injured as a result of the failure to exercise due care on part of Mr. Hurley, an employee of W.A. Davis Construction, who was driving a dump truck owned by Davis. Plaintiff claimed $80,000 in medical expenses as a result of the injuries sustained by her in the accident.

P... More...   $0 (11-11-2009 - KY)

The sole issue raised in this rehearing en banc is whether § 704(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a), creates a cause of action for third-party retaliation for persons who have not personally engaged in protected activity. After applying the plain and unambiguous statutory text, we join the Third, Fifth, and Eighth Circuit Courts of Appeal in holding that the ... More...   $0 (06-06-2009 - KY)

This is a “collateral estoppelâ€� case arising from diversity of citizenship, a case in which the claims and defenses of both parties were difficult for the District Court to follow and for us to adjudicate on appeal. We will do our best to clarify the situation. In an action on a title insurance policy, Thomas Marr, the plaintiff-insured, sued the Commonwealth Land Title Insurance Company in th... More...   $0 (01-29-2009 - KY)

Appellants, Ally Cat, LLC, a/k/a KidzLife Pediatrics, and Dr. Stephanie Russell, appeal as a matter of right from an April 2008 order of the Court of Appeals denying them intermediate relief against an opinion and order by Appellee, Judge A.C . McKay Chauvin of the Jefferson Circuit Court. Appellee's order mandated that Appellants enter into an arbitration proceeding with the Real Parties in Inter... More...   $0 (01-22-2009 - KY)

We accepted discretionary review in this auto insurance case to consider whether an insured's failure to bring suit against the tortfeasor within the limitations period violates a contract provision whereby the insured undertakes to "do nothing to prejudice" the insurance company's right to subrogation . The Court of Appeals held that failure to bring timely suit violated the contract, and thus th... More...   $0 (01-23-2009 - KY)

Decades after working on projects in various premises owners' buildings, an independent contractor's employee developed asbestosis, the cause of which the employee claimed arose from exposure to asbestos while working in the various buildings. Assuming that asbestos exposure occurred on the premises as the employee claimed, under what circumstances can the premises owners be held liable for the em... More...   $0 (01-25-2009 - KY)

Martin Marietta Materials challenges the district court’s confirmation of an arbitration award in favor of the Bank of Oklahoma. We affirm.

I.

Martin Marietta leases and operates a quarry, known as the Three Rivers Quarry, which is held in trust and managed by the Bank of Oklahoma. One of the terms of the lease requires Martin Marietta to pay royalties on limestone removed from the... More...   $0 (12-17-2008 - KY)

Gregory McCord, an employee of the City of Louisville, sustained a serious injury on the job in 1987. The City was selfinsured up to a $250,000 retention limit for workers’ compensation liability, and carried an excess-liability policy from Old Republic Insurance Company. In a 1998 proceeding, an administrative law judge (“ALJâ€�)found that McCord was permanently Old Republic Insurance Co. v. ... More...   $0 (01-13-2009 - KY)

iLOR, LLC (“iLORâ€�) appeals from a judgment of the U.S. District Court for the Eastern District of Kentucky, iLOR, LLC v. Google, Inc., No. 5:07-CV-109, Doc. 71 (E.D. Ky. Nov. 30, 2007), which dismissed the “actionâ€� with prejudice after the district court denied iLOR’s motion for preliminary injunctive relief on claim 26 of U.S. Patent No. 7,206,839 (“the ’839 patentâ€�) and granted G... More...   $0 (12-19-2008 - KY)

Plaintiffs, Kentucky Waterways Alliance, Sierra Club Cumberland Chapter, Kentuckians for the Commonwealth, and Floyds Fork Environmental Association, appeal the district court’s grant of summary judgment in favor of Defendants, Stephen L. Johnson, in his official capacity as Administrator of the United States Environmental Protection Agency (“EPAâ€�), the Commonwealth of Kentucky, the Kentucky... More...   $0 (09-03-2008 - KY)

Appellant Claude L. Bassett (Bassett) was an assistant football coach for the University of Kentucky (UK) from 1997-2000 when he resigned due to allegations of The National Collegiate Athletics Association (NCAA) rules infractions. Bassett filed suit against NCAA, the Southeastern Conference (SEC) and the University of Kentucky Athletic Association (UKAA), alleging conspiracy to violate antitr... More...   $0 (06-13-2008 - KY)

ImagePoint, Inc. ("ImagePoint") and Marketing Displays, Inc. ("MDI") appeal from a final decision of the United States District Court for the Eastern District of Kentucky (Bertelsman, J.), LSI Indus., Inc. v. ImagePoint, Inc., No. 00-CV-197 (E.D. Ky. Mar. 21, 2007) ("Summary Judgment Order"). That order granted summary judgment of non-infringement to LSI Industries, Inc. ("LSI") and Keyser Industr... More...   $0 (03-19-2008 - KY)

This case presents the question of whether an arbitrator was arguably construing the collective bargaining agreement between Roll Coater, Inc. and Chauffeurs, Teamsters and Helpers Local Union No. 215 when he ordered the reinstatement of employee Stacy Westerfield. Roll Coater discharged Westerfield for cause under the CBA for allegedly drinking alcohol on the job and for taking prescription m... More...   $0 (02-05-2008 - KY)

Thieneman Multifamily Properties, LLC, (Thieneman) appeals from an order of the Jefferson Circuit Court dismissing its action against Thorntons, Inc. In its verified complaint, Thieneman alleged that Thorntons owns property (tracts 7 and 8) subject to a thirty-foot easement intended to benefit an adjacent parcel (tract 9). Tract 9 was ultimately conveyed to Thieneman. Thieneman alleged that... More...   $0 (10-26-2007 - KY)

Brewster worked for numerous employers at various locations during his... More...   $0 (08-26-2007 - KY)

"We are very gratified that the jury has found Borden 100 percent liable for this tragedy," said CTA Chairman and CEO ... More...   $122000000 (05-24-2007 - KY)

These are consolidated appeals and cross-appeals from separate judgments of the Hardin Circuit Court confirming jury verdicts in two related trials. In all of these cases, the homeowners entered into contracts for the construction and purchase of purported four bedroom homes. However, the septic systems for these houses only met the building code standards for three bedroom homes. For the... More...   $1 (01-12-2007 - KY)

Colleen Sarah Pinkston appeals from a summary judgment by the Daviess Circuit Court dismissing her personal injury claim against her landlord, Lincolnshire North Apartments, Inc., and Audubon Area Community Services, Inc. She argues that the trial court erred in finding that Lincolnshire could not be liable for personal injuries caused by a breach of its agreement to repair her leased premises.... More...   $0 (11-30-2006 - KY)

On November 3, 1999, Ross Brothers Construction ... More...   $0 (10-17-2006 - KY)

Plaintiff R.M.D. Corporation (RMD) appeals the district court's dismissal of its claims against Caliber One Indemnity Company (Caliber One). RMD alleges that Caliber One wrongfully denied RMD's insurance claim to recover damages resulting from a fire at a restaurant which floated on a barge. The single issue on appeal is whether RMD's claim was precluded by a contract term that excluded cov... More...   $0 (09-14-2006 - KY)

This case began with a remodeling project at the home of Michael Wilson, the Appellant . Wilson called upon the assistance of his longtime friend, Appellee Keith Russell, one experienced in construction and remodeling . Wilson set up the work area and assembled a scaffold on his premises, using for support a wooden ladder that he owned. The ladder was approximately five years old, had never... More...   $0 (06-03-2005 - KY)

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)

Condemnation of 80 acres of farm land owned by the Marie Conner Family Limited Partnership for use by the Cincinnati/Northern Kentucky International Airport for construction of a new runway. The airport offered $33,000 an acre. Defendants were willing to take $50,000.00 an acre. The property had been in the Conner family for two hundred years and was located on Conner road which was built by ... More...   $9600000 (05-09-2003 - KY)

This dispute is about whether hospital beds licensed for acute inpatient care, but used for other purposes when not needed by inpatients, may be counted for purposes of a Medicare program designed to reimburse certain hospitals based on the number of available beds. Specifically, the Medicare program, administered by the United States Department of Health and Human Services ("Department"), provide... More...   $0 (12-11-2002 - KY)

FACTS Plaintiff F.A. Wilhelm Construction Company, Inc. brought this action against Defendant Kentucky State District Council of Carpenters, AFL-CIO, a union representing carpenters in the Louisville area. Wilhelm contends that it was injured when the union encouraged an illegal secondary boycott and violated a no-strike clause in the collective bargaining agreement between the parties. ... More...   $44548 (06-12-2002 - KY)

Semi-tractor/Pickup truck Accident - Expert Witness - Wrongful Death - Personal Injury - The acccident occurred on July 27, 1994 while Plaintiff and Defendant, a semi-truck driver, were travelling in same direction on an interstate highway. Plaintiff's husband was killed. Plaintiff sued the defendant truck driver (Boatwright), the driver's agent/employer (KLLM, Inc.), and the truck owner (Callis... More...   $0 (07-28-1999 - KY)