Our law firm has had an active appellate practice. Until 1978 and judicial reform of the Kentucky Court System, there was only one appellate court in Kentucky, the "Old" Court of Appeals. Beginning in 1978, a new Intermediate Kentucky Court of Appeals was created and the old Court of Appeals became the Supreme Court of Kentucky. About 20 percent of all appellate decisions are reported. Our firm has appeared in over 200 Kentucky appeals. Below is a list of reported cases in which members of the firm have successfully appeared. References are to the Southwestern Reporter.
Beginning in 1999, the Kentucky Supreme Court and Kentucky Court of Appeals have posted all of their decisions, both the ones that are ultimately published and the ones that are not published. The searchable opinions are available on line at
http://www.kycourts.net/Supreme/SC_opinions.shtm A SELECTION OF REPORTED DECISIONS - Riggs v. Miller, Ky., 396 S.W.2d 69 (1965) Law was clarified concerning the duty of a motorist to keep a lookout ahead. A motorist need not anticipate that another motorist would ignore a stop sign and pull out in front of him. The law concerning negligence per se and negligence as a matter of law is clarified. Our client's case, denied by the trial court, is remanded with instruction to enter a judgment in his favor.
- Huff v. Commonwealth, Ky., 406 S.W.2d 831 (1966) Traffic citations in multiple counties from a single chase are denied. Our client's conviction was reversed as a cruel and unusual punishment in violation of the Kentucky Constitution.
- Erwin v. Jenkins, Ky., 427 S.W.2d 819 (1968) A guest passenger riding with a defendant who had been to a party assumed the risk of the driver's operation of his automobile and could not successfully sue him for damages arising out of a collision. The case against our client was dismissed.
- Louisville Gas & Electric Co. v. Diemer, Ky., 443 S.W.2d 647 (1969) In a power line transmission condemnation our client was compensated not only for the land taken but the damage to the rest of his land by reason of having a transmission line run across his property. Our jury award for our client was upheld even though LG&E claimed it was excessive.
- Gross v. Personnel Board, Ky., 456 S.W.2d 822 (1970) Our client, discharged from the Department of Highways, was ordered to be reinstated. His discharge without a statement of reasons prior to discharge was voided.
- Thurman v. Etherton , Ky., 459 S.W.2d 402 (1970) Parental immunity was held not to prohibit a minor child from suing her father's estate to recover damages for injuries suffered in an automobile collision when the father was driving. Our clients recovered.
- Padgett v. Long, Ky., 453 S.W.2d 272 (1970) Our client was injured during the construction of a barn. The defendants filed bankruptcy. The judge dismissed our client's claim. On appeal our clients were permitted to pursue the claim against the insurance company for the defendants and make a recovery. The defendants' bankruptcy did not keep the insurance company from having to pay.
- Grimes v. Kulmer, Ky., 454 S.W.2d 685 (1970) Judgment was taken against our clients and was reversed on appeal. The trial judge's failure to instruct the jury about the plaintiff's duty not to attempt to pass in a no passing zone was a basis to grant our client a new trial. The court defined circumstances of the "sudden emergency doctrine."
- Commonwealth, Department of Highways v. Lawrence, Ky., 464 S.W.2d 243 (1971) The state appealed a condemnation award we secured for our client on the grounds that it was excessive. In finding that the judgment was appropriate, the appellate court clarified the law. When the government changes the grade of the roadway and limits access by that change, the action in changing the roadway was a factor that a competent appraiser could consider. Our client kept his award.
- Warecke v. Richardson, Ky., 468 S.W.2d 793 (1975) Our clients brought an action in Bullitt County after serving process on the defendants in Louisville when they were in court. The out of state defendants attempted to prohibit the Circuit Judge in Bullitt County from hearing the case. The attempt to get a Writ of Prohibition was denied and our clients were permitted to proceed to the trial.
- Harned v. Dawson, Ky., 505 S.W.2d 174 (1974); also reported in 14 UCC Reporting Service 143 Our client had a note and presented it for payment to the estate of the maker of the note. Payment was denied by the trial judge. The appellate court directed payment. Concepts of 'holder in due course' and burden of proof in a showing of undue influence about the note are established under what was then the newly adopted Uniform Commercial Code in Kentucky. The case was reported not only by the Kentucky courts but by a national reporting services that follow Uniform Commercial Code cases. Our client was allowed to collect her note.
- Bergen v. Crenshaw , Ky., 515 S.W.2d 620 (1974) Our client, as widow, filed a claim against her husband's estate for her statutory exemption and rights in his property. The court allowed the claim and her husband's estate appealed claiming a post nuptial agreement waived the right. This important case clarified the right of widows to assert claims and interpreted the rule of the 'dead man statute' concerning claims and evidence of transactions with a dead person. The court affirmed our client's claim against her husband's estate.
- Kuzmiak v. Flowers, Ky., 580 S.W.2d 226 (1979) The role of blood testing from a decedent, and the basis for admission of blood test evidence in civil trials is established.
- Lee v. Porter, Ky. App., 598 S.W.2d 465 (1980) This important case established the process after the adoption and implementation of the new judicial article of how challenges to actions of an administrator are litigated as between the district courts and the circuit courts.
- Ratliff v. Ratliff, Ky. App., 586 S.W.2d 292 (1979) The law regarding pensions and their divisions between divorcing partners is established. The requirement that a vested pension be divided with our client was affirmed. The definition of what was vested and unvested and the distinctions concerning its divisibility were clarified.
- Sowders v. Adkins , Ky., 646 S.W.2d 344 (1983) Our law firm represented the Bullitt County Jailor and the Bullitt Fiscal Court. Efforts to bring a class action law suit against our jailor were denied and the processes our jailor had implemented for the handling of juvenile offenders were approved.
- Bullitt County Bank v. Publishers Printing Company, Ky. App., 684 S.W.2d 289 (1984) Duties of a bank to learn of material facts regarding its depositor's accounts include a duty to exercise good faith and use ordinary care in handling accounts of its customers. This case was also reported in 39 UCC Reporting Services 232 as an important decision setting out and resolving competing views regarding the bank's duties.
- McKinley v. Nutt, Ky. App., 697 S.W.2d 949 (1985) Our client's claim was dismissed by the trial court when his subsoil was removed by a grading contractor in order to take limestone. The Court of Appeals held that the contractor had no right to remove subsoil and preserved the landowner's rights in it.
- Weakley v. Weakley , Ky., 731 S.W.2d 243 (1987) Our client was injured in an automobile accident. We represented her in a divorce action. The trial judge made our client divide her damages for pain and suffering with her husband. We claimed her damages for injuries were not marital property. In this landmark case, the Kentucky Supreme Court, interpreting the provisions of the Uniform Marriage and Divorce Act as adopted in Kentucky, agreed that recovery for pain and suffering was non-marital property and the personal property of our client. The judge's requirement that she divide it with her ex-husband was reversed. The case was also reported in 56 United States Law Weekly 2099.
- Rhoads v. Rhoads, Ky. App., 764 S.W.2d 641 (1988) A couple were married with a pending divorce when one of them died and the surviving spouse made a malpractice recovery for wrongful death. At the time of the death the parties had made a property settlement agreement but had not finalized the divorce. The property settlement agreement was not a prohibition against recovery by the surviving spouse. Our firm was appointed to represent the interests of the children of the marriage to assure they received their fair share. The law was clarified concerning revival of divorce actions after the death of a party and how that related to distribution of proceeds under the wrongful death statute.
- Vanover-May v. Marsh , Ky. App., 793 S.W.2d 852 (1990) The trial court denied our client the right to maintenance and recovery of a non-marital contribution to the marital residence. The Kentucky Court of Appeals reversed holding our client more than met the requirement for recovery and clarifying the law concerning the quality and sufficiency of evidence showing non-marital contribution.
- Uninsured Employers' Fund v. Poyner, Ky. App., 829 S.W.2d 430 (1992) Decedent was killed cutting timber. The employer was uninsured and claimed the decedent was an independent contractor. The Workers' Compensation Commission made an award. The Court of Appeals affirmed the award clarifying factors shown to prove our client an employee and not an independent contractor.
- Williams v. City of Hillview, Ky., 831 S.W.2d 181 (1992) Our clients protested annexation. The trial judge denied the protest. The Supreme Court of Kentucky reversed the trial judge and upheld our client's right to challenge corridor annexation and the accuracy of the description by the city and clarified the rights of individuals protesting city annexation ordinances.
- Hansen v. American National Bank, Ky., 844 S.W.2d 408 (1992) This is an important decision regarding an award of punitive damages. Our firm appeared as friend of the court on behalf of the Kentucky Academy of Trial Attorneys opposing a decision in the Court of Appeals that would put a multiple or formula limit on punitive damages. The Kentucky Supreme Court upheld a punitive damage award of $5,775,000.00. That decision was ultimately appealed to the United States Supreme Court. The United States Supreme Court at 509 U.S. 918, 113 S.Ct. 3029, 125 L.Ed.2d 717 vacated the Kentucky Supreme Court judgment remanding the case to the Kentucky Supreme Court. On a second hearing our firm again appeared in the Kentucky Supreme Court and the award was affirmed as meeting constitutional requirements enunciated by the Supreme Court of the United States in Hansen v. American National Bank & Trust Co., Ky., 865 S.W.2d 302 (1995)
- Barker v. Hill, Ky. App., 949 S.W.2d 896 (1997) Our client's child was receiving Supplemental Security Income benefits. The child's mother needed additional child support. The court required SSI benefits received by the child to be considered in determining whether or not there would be a deviation from the child support guidelines in fixing support.
- Sisters of Charity Health Systems, Inc. v. Raikes, Ky., 984 S.W.2d 464 (1998) This was an appeal of three separate malpractice actions to the Kentucky Supreme Court. Plaintiffs in the malpractice actions wanted to examine the result of peer review evaluation against the doctors that were sued. The doctors and the hospitals opposed producing peer review records citing a right to confidentiality. Our firm appeared as a friend of the court, filing a brief on behalf of the Kentucky Academy of Trial Attorneys in support of disclosure of peer review records. Our position was sustained by the Kentucky Supreme Court and the victims of medical negligence were allowed to see and review hospital and medical peer review records of allegedly negligent physicians.
- Maximum Machine Company, Inc. v. City of Shepherdsville, Ky., 17 S.W.3d 890 (2000) This important decision establishes the right of a taxpayer to sue a city for a refund of taxes paid under an ordinance that is adjudged void. The city claimed a limitation on the right. The Supreme Court of Kentucky allowed claims for tax refund to be treated like any other city creditor claim.