Kentucky

COA 2010 Minutes for August 27, 2010 (Nos. 807-833)

By Michael Stevens

COA 2010 Minutes for August 27, 2010 (Nos. 807-833)

• Above link to minutes is full text of minutes with link to full text of each decision.
• Link to AOC Page with current minutes and archived minutes links
• Total number of decisions:  27
• Published Decisions:  3 (817; 818; 827)
• Tort, Civil, Insurance, Workers Compensation: 
  • 817. CORNETT V. BRIGHT.  Auto case; zero pain and suffering verdict affirmed on appeal.  Published decision.
  • 826.  CORNETT V. BAKER. Affirmed summary judgment dismissing automobile accident claim on lack of negligence and sudden emergency type analysis.
  • 831. SSW HOLDINGS  V. BEARD. Workers Comp.
  • 832. BEECHFORK PROCESSING V. FLETCHER. Workers Comp.

PUBLISHED DECISIONS WITH SHORT SYNOPSIS AND LINK TO FULL TEXT OF EACH:

817. DAMAGES. ZERO PAIN AND SUFFERING VERDICT AFFIRMED.
CORNETT (ARLENA)
VS.
BRIGHT (LURA), ET AL.

OPINION AFFIRMING
NICKELL (PRESIDING JUDGE)  STUMBO (CONCURS) AND WHITE (CONCURS)
2009-CA-001186-MR
TO BE PUBLISHED
LETCHER

NICKELL, JUDGE: Arlena Cornett appeals from a jury verdict entered by the Letcher Circuit Court in an automobile negligence case and an order denying her motion for a new trial. Cornett contends she was entitled to a new trial because the jury awarded her zero dollars for pain and suffering despite awarding her damages for past medical expenses and lost wages. After a careful review of the record, the law, and the arguments of the parties, we affirm.

818
ANDERSON (SUZANNE)
VS.
JOHNSON (JOSEPH)

OPINION AFFIRMING
ACREE (PRESIDING JUDGE)
BUCKINGHAM (CONCURS AND FILES SEPARATE OPINION) AND TAYLOR (DISSENTS AND FILES SEPARATE OPINION)
2009-CA-001261-ME
TO BE PUBLISHED
FRANKLIN

ACREE, JUDGE: Suzanne Anderson (Mother) appeals a May 23, 2009 order of the Franklin Family Court denying her motion to modify timesharing. For the following reasons, we affirm.

827. FAMILHY LAW; CHILD CUSTODY
MILLER (SHELBY)
VS.
HARRIS (ROBERT), ET AL.

OPINION AFFIRMING
NICKELL (PRESIDING JUDGE)
ACREE (CONCURS) AND HARRIS (CONCURS)(SENIOR STATUS JUDGE)
2009-CA-002330-ME
2009-CA-002415-ME
TO BE PUBLISHED
MARION

NICKELL, JUDGE: Shelby Miller, the maternal grandmother of two minor children, appeals from a judgment of the Marion Circuit Court awarding custody of  Miller also appeals from an order denying her motion for a new trial but modifying the custody order to incorporate requested findings of fact. After thorough review of the briefs, the record and the law, we affirm.

For a detailed summary, see digest by Sandra Ragland at http://www.divorcelawjournal.com:

Miller v. Harris, Ky COA, Child Custody

Full post as published by Kentucky Cases on October 10, 2010 (boomark / email).