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)

This is a consolidated appeal from a decision of the Court of Appeals in an attorney/ malpractice action and an insurance company/ bad faith action arising out of a workers compensation case. Both the successful litigant at the trial and appellate level, the Landrum 8, Shouse law firm, and the unsuccessful litigant, Kuhlman Electric Corporation, petitioned this Court for discretionary review. The ... More...   $0 (10-29-2009 - KY)

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)

After sustaining injuries from a car accident, James Malone filed suit against Timothy Bruce, the other driver involved in the collision, and against Kentucky Farm Bureau Mutual Insurance Company (Farm Bureau), Malone's underinsured motorist insurance (UIM) carrier. Prior to trial, Malone accepted the offer of Bruce's liability insurance carrier for the limits of the policy in exchange for a relea... More...   $0 (07-16-2009 - KY)

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)

In 1968, the heirs of J. H. Northup, predecessors in interest to appellant Northup Properties, Inc. (“Northupâ€�), executed an oil-and-gas lease of 4,327 acres in Kentucky (the “Leaseâ€�) to United Fuel and Gas Company, the predecessor in interest to appellee Chesapeake Appalachia, L.L.C. (“Chesapeakeâ€�). For nearly forty years, no lessee—including Chesapeake—marketed either oil or gas ... More...   $0 (06-15-2009 - KY)

Plaintiff, Krowtoh II, LLC, filed suit against Frank Schwarzenau, ExCelsius International GmbH (“ExCelsius GmbHâ€�), and ExCelsius International Ltd. (“ExCelsius Ltd.â€�), Defendants, and Shaun Ahern,1 invoking the district court’s diversity jurisdiction under 28 U.S.C. § 1332. Plaintiff sought damages and equitable relief arising from ExCelsius Ltd.’s alleged breach of the franchise agre... More...   $0 (05-19-2009 - KY)

This is a diversity contracts case that examines the validity of a retention and severance agreement allegedly reached between an employer and employee. After a jury returned a verdict awarding Plaintiff Paul Whitewood $31,875, Whitewood appeals the district court’s October 6, 2006 judgment that granted partial summary judgment to Robert Bosch Tool Corporation (“Boschâ€�) and dismissed Whitewo... More...   $0 (03-24-2009 - KY)

Plaintiff Michael D. Harmon appeals the district court’s grant of summary judgment in favor of his former employer, defendant Earthgrains Baking Companies, Inc. (“Earthgrainsâ€�), and dismissal of his claim for age discrimination under the Kentucky Civil Rights Act, KY. REV. STAT. ANN. § 344.040(1). The district court determined that Harmon failed to satisfy the fourth element of the prima fa... More...   $0 (02-11-2009 - KY)

Dennis Martin (“Mr. Martinâ€�) died from malignant mesothelioma on March 22, 2002. His son, David Martin (“Plaintiffâ€�), serving as executor of his father’s estate, filed a complaint based on asbestos exposure in Kentucky state court against nine defendants. Defendants removed the case to the Eastern District of Kentucky based on diversity. After various defendants settled or were dismissed... More...   $0 (01-27-2009 - 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)

This interlocutory appeal arises from a suit by Plaintiffs-Appellees Wayne and Mabelle Jaggers and Speedway SuperAmerica LLC. Plaintiffs brought suit under 42 U.S.C. § 1983 against Defendants-Appellants City Council Members Stacey Graus, William Rachford, Bobbi Jo Farmer and Barbara Weber (collectively, “Council Membersâ€�) in their individual and official capacities, alleging, inter alia, that... More...   $0 (02-02-2009 - KY)

This Court granted discretionary review to address one issue - whether a wrongful discharge claim under state law is preempted by federal law (the National Labor Relations Act) where the discharge was allegedly based on the employee's participation in union organizing activities . We agree with the trial court that the National Labor Relations Board has exclusive jurisdiction over such claims, rev... More...   $0 (01-22-2009 - 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)

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)

Plaintiff–Appellant James Whitehead (“Whitehead�) appeals the district court’s grant of summary judgment in favor of Defendant Pioneer Valley Police Officer Neil Bowen (“Bowen�) in this action brought under 42 U.S.C. § 1983 and state law seeking damages for Bowen’s alleged use of excessive force in the course of an arrest.

Whitehead appeals as well the court’s denial of his... More...   $0 (11-18-2008 - KY)

The Southern Poverty Law Center today won a crushing jury verdict against one of the nation's largest Klan groups for its role in the brutal beating of a teenager at a county fair in rural Kentucky.

The $2.5 million verdict will likely cripple the Imperial Klans of America, which has 16 chapters in eight states.

"The people of Meade County, Kentucky, have spoken loudly and cle... More...   $2500000 (11-15-2008 - KY)

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)

Defendants, Interstate Property Remediation, Inc., and its principal owner, Glen Cassady, appeal from the district court’s order granting summary judgment to Plaintiff, Nautilus Insurance Company, with respect to a bad faith action initiated after Nautilus reserved its right to deny coverage under an insurance policy owned by Cassady and Interstate. For the reasons that follow, we AFFIRM the jud... More...   $0 (08-08-2008 - KY)

Kenneth Corder, Sr., brought this action against Ford Motor Company on behalf of himself and others similarly situated seeking damages under the Kentucky Consumer Protection Act (“KCPAâ€�), Ky. Rev. Stat. Ann. § 367.100 et seq., restitution and other equitable and declaratory relief. Corder alleges that in May 2004 he purchased a Model Year 2004 F-250 Ford F-Series Super Duty Truck with a 6.0L ... More...   $0 (07-16-2008 - 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)

When Joe Shane first appealed his contract claim to this court, we affirmed the district court in all respects save one: We remanded Shane's request to file a third amended complaint because the court gave no explanation for denying the motion. On remand, the district court provided an explanation for denying the motion, one that lies within the range of discretion given to the district courts... More...   $0 (04-30-2008 - KY)

Officer John Cook handcuffed Simon after ... More...   $0 (01-30-2008 - KY)

Timothy Morrison ("Morrison") was a student at Boyd County High School ("BCHS"). He is a Christian, and he believes that homosexuality is a sin. He further believes that part of his responsibility as a Christian is to tell others when their conduct does not comport with his understanding of Christian morality. During the 2004-05 academic year, BCHS had a written policy prohibiting students ... More...   $0 (11-06-2007 - KY)

Geneva Hager, age 60, sued Allstate Insurance Co. claiming that it's claim-handling procedures violated Kentucky's Unfair Claims Settlement Practices Act. Hager claimed that Allstate failed and refused to settle the claim that she made for injuries that she claimed that she sustained in a 1997 rear-end automobile accident in Lexington, Kentucky until late in 1999 after her case was scheduled f... More...   $0 (10-11-2007 - KY)

On December 23, 2003, Rosietta Taylor and Linda Cannon brought a wrongful death action on behalf of the Estate of James Edward Taylor ("Estate") against the City of Louisville ("City"), the Louisville Police Department ("LMPD") and Detectives Mike O'Neil ("O'Neil") and Brian Luckett ("Luckett") of the Louisville Police Department. The claim arose from the December 5, 2002, shooting of James... More...   $0 (07-20-2007 - KY)

1st Independence Financial Group, Inc. (the "Company") (NASDAQ: FIFG), the holding company of 1st Independence Bank, reported today that on July 18, 2007 a jury in the case of Larry Sutherland, et.al., v. Harrodsburg First Financial Bancorp, Inc., in the Circuit Court of Anderson County in the Commonwealth of Kentucky, Case No. 04-CI-00167, returned a verdict awarding damages to the plaintiffs... More...   $403620 (07-25-2007 - KY)

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)

Patrick D. McConnell and Mary Elizabeth McConnell appeal from a judgment of the Jefferson Circuit Court which, as relevant to their appeal, (1) required them to remove structures encroaching upon a tract of property owned by Martin B. Stivers, Marion Patricia Stivers, William G. Norris, Jr., and Angela Rosemary Norris (collectively Norris/Stivers) and a tract of property owned by Ronald a... More...   $0 (01-20-2007 - 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)

Helen Hammons and Ray Hammons sued Central Baptist Hospital, Lisa Bradford, Cynthia Blair and Craig Harris on a medical malpractice (medical negligence) theory claiming that the defendant hospital personnel failed to keep track of the supplies used by Dr. Helle G. Bradley during a hysterectomy procedure at the hospital in June 2004 with the result that a surgical sponge was left in her abdomen.... More...   $1700000 (12-20-2006 - KY)

Defendants denied fault. ... More...   $0 (11-02-2006 - 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)

Terry L. Williams sued CSX transportation corporation on a negligence theory claiming that he suffered permanent brain damage as a direct result fo being exposed to cleaning solvent at work in Louisville and Corbin, Kentucky. He claimed that he was but one of hundreds of the L&N railroad company, now owned by CSX, who were regularly exposed to the solvent which was know to cause bri... More...   $1800000 (09-15-2006 - KY)

Michael Beglin, individually and on behalf of himself, his children and the Estate of Jennifer Beglin sued the University of Louisville Hospital to physicians on a medical neglgience (medical malpractice) for the worngful death of the 40-year-old in 2003. Plaintiff claimed that there was a delay in getting blood when Mrs. Beglin started having problems on the operating room table. Mrs. B... More...   $9000000 (08-02-2006 - KY)

Marcia Ashley sued James Akers on a negligence theory and State Farm Insurance Company on a breach of contract theory to recover for the injuries and damages that she claimed she sustained as a result of an automobile accident on September 24, 2002 when her car was rear-ended by a 1994 pickup driven by Akers. Ashley, age 54, claimed that she sustained neck and shoulder injuries that... More...   $700000 (07-29-2006 - KY)

The Kenton County Airport Board ex rel Cincinnati/Northern Kentucky International Airport condemned 7.8 acres of property owned by Cordella Baston to airport expansion. The Plaintiff claimed that the highest and best use of the property was residential and the property owner claimed that it was industrial. The Airport Board offered Baston $300,000, which she rejected and asked for a jury tria... More...   $670000 (10-29-2005 - KY)

The Appellees in this case brought five separate counts against the Appellant teachers and administrators of a Kentucky high school. Among these were a claim under 42 U .S .C .A. §1983 for violation of their right to be free from unreasonable searches under the Fourth Amendment of the United States Constitution, a claim under §2 of the Kentucky Constitution for deprivation of due process... More...   $0 (06-04-2005 - KY)