Updated: Supreme Court of Ky to hear arguments Feb. 7-9 in Frankfort; proceedings open to public

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This story has been updated to reflect that oral arguments in COMMONWEALTH OF KENTUCKY V. BRIAN MUCHRISON (2016-SC-0378-DG) originally secheduled for 11 a.m. Thursday, February 8, have been canceled.

The Supreme Court of Kentucky will convene Feb. 7-9 in Frankfort to hear oral arguments in cases that originated in Fayette, Jefferson, Kenton, Laurel, Mason, Pulaski and Warren counties. Proceedings are open to the public and will take place in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave. in Frankfort.

The public may also observe oral arguments via the Supreme Court live stream on the Kentucky Court of Justice website. Oral arguments are available online as they occur in real time and are not available as archives.

The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.

WEDNESDAY, FEB. 7, 2018
9 A.M.
2016-SC-0632-DG
LAUREL HARPER, ET AL. V. UNIVERSITY OF LOUISVILLE

View Case Briefs

“Whistleblower Act. Issues involve evidentiary sufficiency to support a jury verdict for violation of the Kentucky Whistleblower Act.”

Discretionary Review granted 6/8/2017
Jefferson Circuit Court, Judge A.C. McKay Chauvin

Attorneys for Appellants: Kevin Crosby Burke, Michael Augustus and Jamie Kristin Neal
Attorneys for Appellee: Randall Scott Strause and Courtney Graham

10 A.M.
2017-SC-0144-DG
KAMRYN BAKER V. LYNN FIELDS, ET AL.

View Case Briefs

“Qualified Immunity. Summary Judgment. Negligence. Slip and Fall. The issue is whether Court of Appeals’ analysis usurped the role of the jury, in deciding the issue of negligence on this interlocutory appeal, when the trial court denied a motion for summary judgment and determined that qualified immunity did not apply to these circumstances, but had not yet addressed the issue of negligence of school employees.”

Discretionary Review granted 6/8/2017
Laurel Circuit Court, Judge Gregory Allen Lay

Attorney for Appellant: E. Liddell Vaughn
Attorney for Appellees: Larry Glenn Bryson

Note: Rescheduled from Dec. 7, 2017

11 A.M.
2016-SC-0468-DG
SOPHAL PHON V. COMMONWEALTH OF KENTUCKY

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“Criminal Law. RCr 11.42 and CR 60.02. Issues involve application of Montgomery v. Louisiana, 136 S. Ct. 718 (2016) to a 1998 sentence of life without parole for crimes including multiple murders committed before the offender’s 18th birthday.”

Discretionary Review granted 4/19/2017
Warren Circuit Court, Judge John Grise

Attorneys for Appellant: Timothy G. Arnold and Renee Sara Vandenwallbake
Attorneys for Appellee: Susan Roncarti Lenz and Jason Bradley Moore

Note: Minton, CJ. and VanMeter, J., recused. Special Justices Timothy Kline and Christopher Thacker, sitting.

THURSDAY, FEB. 8, 2018

11 A.M.
2016-SC-0571-DG
WILLIAM J. YUNG, ET AL. V. GRANT THORNTON, LLP

2017-SC-0151-DG
GRANT THORNTON, LLP V. MARTHA YUNG, ET AL.

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“Torts. Punitive Damages. Issues include the propriety of the Court of Appeals panel’s remittitur of $60 million of the $80 million awarded in punitive damages in addition to compensatory damages of $19.315 million for fraudulent and grossly negligent tax and accounting services. Issues presented in the cross-motion concern the compensatory damages award as well as the punitive damages.”

Discretionary Review granted 3/15/2017 and 4/19/2017
Kenton Circuit Court, Judge Patricia M. Summe

Attorneys for William J. Yung and Martha A. Yung: Michael D. Risley, Bethany A. Breetz and Matthew W. Breetz
Attorney for The 1994 William J. Yung Family Trust: Gerald F. Dusing
Attorneys for Grant Thornton, LLP: Sheryl G. Snyder, Griffin Terry Sumner, Theresa Agnes Canaday and Jason Patrick Renzelmann

FRIDAY, FEB. 9, 2018

10 A.M.
2016-SC-0666-DG
VANHOOK ENTERPRISES, INC. V. KAY & KAY CONTRACTING, LLC

View Case Briefs

“Contract. Quantum Meruit. Unclean Hands. Federal HUBZone Program. Issues include whether a subcontractor who allegedly performed more work than allowed on a bridge construction project governed by the Federal HUBZone Program may recover for the value of that work from the prime contractor under quantum meruit.”

Discretionary Review granted 8/16/2017
Pulaski Circuit Court, Judge Jeffrey Thomas Burdette

Attorney for Appellant: Larry F. Sword
Attorney for Appellee: Darren J. Duzyk

11 A.M.
2017-SC-0057-DG
JOYCE CALES, ET AL. V. BAPTIST HEALTHCARE SYSTEM, INC., D/B/A CENTRAL BAPTIST HOSPITAL

2017-SC-0076-DG
BAPTIST HEALTHCARE SYSTEM, INC., CENTRAL BAPTIST HOSPITAL V. JOYCE CALES, ET AL.

View Case Briefs

“Products Liability. Medical Malpractice. Federal Preemption. Off-Label Use of Medical Devices. Informed Consent. Hospital Standard of Care. An issue of first impression in Kentucky is whether the trial court properly dismissed the state products liability claims against the hospital on the basis of express federal preemption in circumstances involving the off-label use of a medical device. Another issue is the standard of care applicable to the hospital when a medical device is being used off-label. Did the Court of Appeals err when it determined that the hospital had a duty to inform the patient of the regulatory status of the device and its off-label use and the risks attendant thereto?”

Discretionary Review granted 6/8/2017
Fayette Circuit Court, Judge Pamela Goodwine

Attorneys for Joyce Cales and Jack Cales: Gregory J. Bubalo, Gary C. Johnson, Anita Parsons Johnson, Rhonda J. Blackburn, Leslie Metcalf Cronen and Katherine Dunnington

Attorneys for Baptist Healthcare, etc.: Susan Daunhauer Phillips, Patricia Colleen Le Meur, Michael Thompson and Sarah Clark

From Supreme Court of Kentucky

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