Kentucky

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments Tuesday, Feb. 24, in Covington. The cases include an appeal regarding legal malpractice claims in the Lexington Micro-City Government child abuse cases, an appeal of a lost lawsuit against Allstate Insurance Co. and an appeal by the Housing Authority of Covington about an eviction.

All  proceedings are open to the public.

A three-judge panel consisting of Court of Appeals Judges Michelle M. Keller, Joy A. Moore and Kelly Thompson will hear oral arguments starting at 10 a.m. at the Kenton County Justice Center at 230 Madison Ave. The cases are on appeal from courts in Campbell, Fayette and Kenton counties.

A docket containing summaries of the cases is below. 

 

COVINGTON DOCKET

Tuesday, Feb. 24, 2009  

10 AM   2007CA002599

             GENEVA HAGER v. ALLSTATE INSURANCE COMPANY

Summary: Civil. Appeal of trial court decision regarding a claim that the insurance company acted in bad faith. The jury verdict found that the appellee did not violate KRS 304.12-230 in negotiating, investing and evaluating the appellant?s insurance claim. Appellant is also appealing the trial court?s failure to certify a class of similarly situated individuals.

Fayette County judge who ruled in the case ? Judge Thomas L. Clark

Appellant?s attorneys: Lauren Lea Crosby, J. Dale Golden and Kaelin Goheen Reed 

Appellee?s attorneys: Mindy G. Barfield and Grahmn New Morgan

11:15 AM   2007CA002562

                  HOUSING AUTHORITY OF COVINGTON v. CLARISSA TURNER

Summary: Discretionary review. Civil. The Housing Authority is appealing the judgment of Kenton District Court that denied the appellant an eviction of the appellee. The appellant argues that federal law preempts KRS 383.660 of the Uniform Residential Landlord Tenant Act. Appellant alleges that the appellee?s nephew was in possession of drugs on the premises and that under the appellee?s one-strike-and-out policy, the appellee must be evicted. Appellee argues that she remedied the problem by barring her nephew from the premises.

Kenton County judge who ruled in the case ? Judge Patricia M. Summe

Appellant?s attorney: Stephen T. McMurtry

Appellee?s attorneys: Bradley S. Christy and Acena Johnson Smith

1:30 PM   2008CA000255

                MISTY GLASSON v. MUHAMMED AFZAL ET AL.  

Summary: Civil. Appellant who alleged sexual battery is appealing jury decision that found in favor of the appellees. Appellant alleges on appeal that the trial judge granted the appellees too many preemptory challenges, improperly admitted reputation and medical evidence and permitted improper statements by appellees during closing argument. 

Campbell County judge who ruled in the case ? Judge Fred A. Stine V

Appellant?s attorney: Robert F. Croskery

Appellees? attorneys: Robert Arthur Ott and Scott P. Whonsetler

2:15 PM   2007CA001978, 2007CA002039, 2007CA002041 and 2007CA002080

                EUGENE GOSS ET AL. v. JOHN DOE # 1-37 ET AL.

Summary: Civil. Appeal regarding whether the appellees? legal malpractice claims are ripe for adjudication. The claims arose from Lexington Micro-City Government child abuse cases. The trial court held that the claims were not ripe for adjudication. Both the appellants and appellees argue that the claims are ripe for adjudication. Appellants argue that the trial court erred when it found that an attorney-client relationship existed between the attorneys and the Does. The appellees argue that the trial court erred when it found that, if the claims were ripe, the Does did not suffer damage because they received redress of their claims. 

Fayette County judge who ruled in the case ? Judge Pamela R. Goodwine

Appellants? attorneys: Calvin R. Fulkerson, David Andrew Trevey and Christina L. Vessels

Appellees? attorneys: James Michael Morris and Sharon K. Morris