Kentucky Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Kentucky or Court of Appeals of Kentucky where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Harkrader v. Farrar Oil Co. - 5/27/2005
AFFIRMING
BEFORE: GUIDUGLI and TAYLOR, JUDGES; EMBERTON, SENIOR JUDGE.
The single issue in this appeal is whether the Daviess Circuit Court erred in granting appellees' motion to enforce a settlement agreement negotiated...
American Premier Insurance Co. v. Davenport - 5/27/2005
AFFIRMING
BEFORE: BUCKINGHAM, KNOPF, AND TAYLOR, JUDGES.
American Premier Insurance Company (American) appeals from orders, entered April 16, 2004, and June 9, 2004, in the Jefferson Circuit Court determining that a motor...
Greathouse v. Lowe's #0507 - 5/27/2005
VACATING AND REMANDING
BEFORE: COMBS, CHIEF JUDGE; McANULTY, JUDGE; MILLER, SENIOR JUDGE.
James Greathouse petitions for review of an opinion of the Workers' Compensation Board which affirmed the decision of the...
Adkins v. Elkhorn City Area Ambulance - 5/27/2005
AFFIRMING
BEFORE: BARBER AND JOHNSON, JUDGES; HUDDLESTON, SENIOR JUDGE .
While volunteering for the Elkhorn City Area Ambulance Service (Elkhorn), Robert Adkins suffered a low back injury. Adkins filed a workers'...
Stephenson v. Grant County Ambulance Service - 5/20/2005
REVERSING AND REMANDING
BEFORE: BARBER, HENRY, AND JOHNSON, JUDGES.
Mark Stephenson has appealed from the September 12, 2003, order of the Grant Circuit Court granting summary judgment in favor of the Grant County...
Auburn Hosiery Mills - 5/19/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIC PROCEDZIRE PROMULGATED BY THE SUPREME COURT.9 CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Harrington v. TFE Group - 5/19/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Hargis v. Baize - 5/19/2005
TO BE PUBLISHED
REVERSING AND REMANDING
Appellee, Allen R. Baize, owned a lumber yard and sawmill in Muhlenberg County, Kentucky, a sole proprietorship known as Greenville Log and Lumber Co. ("Greenville"). Baize hired...
Brewer v. National Indemnity Co. - 5/19/2005
TO BE PUBLISHED
CERTIFYING THE LAW
This case presents a certified question from the United States Court of Appeals for the Fourth Circuit. Specifically, the question certified is as follows: Whether a fiduciary may maintain...
Somerset Board of Education v. Perkins - 5/13/2005
AFFIRMING
BEFORE: McANULTY AND TAYLOR, JUDGES; EMBERTON, SENIOR JUDGE.
Appellant Somerset Board of Education (Board of Education) petitions the Court for review of the opinion of the Workers' Compensation Board (Board)...
Ison v. Ashland Hospital Corp. - 5/13/2005
AFFIRMING
BEFORE: BARBER, BUCKINGHAM, AND HENRY, JUDGES.
Appellant, Bobbie Lynn Ison (Ison), sued Appellee, Ashland Hospital Corporation, d/b/a King's Daughter's Medical Center (Ashland Hospital), claiming that she was...
Commonwealth - 5/13/2005
AFFIRMING
BEFORE: GUIDUGLI AND TAYLOR, JUDGES; EMBERTON, SENIOR JUDGE.
This is an appeal by the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways, from a judgment of the Green Circuit Court...
Rucker v. Barnes - 5/13/2005
NOT TO BE PUBLISHED
OPINION AND ORDER
DISMISSING APPEAL
BEFORE: BARBER AND VANMETER, JUDGES; HUDDLESTON, SENIOR JUDGE.
Donald Rucker filed this medical malpractice action after he was informed that he tested...
Slaven v. General Electric Co. - 5/13/2005
AFFIRMING
BEFORE: BARBER AND SCHRODER, JUDGES; HUDDLESTON, SENIOR JUDGE.
Gary Slaven petitions for a review of a decision of the Workers' Compensation Board which affirmed an award of the Administrative Law Judge for an...
Duffy v. Kindred Healthcare - 5/6/2005
AFFIRMING
Dan Duffy, as limited guardian and limited conservator for Louise Williams, appeals from an order of the Fayette Circuit Court which, among other things, dismissed a personal injury action brought by Duffy on behalf...
Harbolt v. Attum - 4/29/2005
AFFIRMING
Arthur Harbolt appeals from a directed verdict and trial judgment dismissing his claim of medical malpractice against the appellee, Dr. Abdulla Attum. The Jefferson Circuit Court directed a verdict in favor of Dr....
Nicholson v. American Greeting Cards - 4/22/2005
AFFIRMING
The Appellant, James Nicholson, appeals from the opinion of the Workers' Compensation Board affirming an Administrative Law Judge's dismissal of his claims.
Nicholson is a 55 year old man with a twelfth grade...
Bowling v. Leslie County Board of Education - 4/22/2005
AFFIRMING
Ellis Bowling petitions for a review of a decision of the Workers' Compensation Board which affirmed a decision of the Administrative Law Judge which denied benefits for an alleged work injury to appellant's back. The...
McGinnis v. Morgan - 4/22/2005
AFFIRMING
Bobby Joe McGinnis brings this pro se appeal from a March 29, 2004, order of the Boyle Circuit Court denying his petition for declaration of rights seeking restoration of two years good time credit. We affirm. ...
Day v. Fairbanks Coal Co. - 4/21/2005
TO BE PUBLISHED
REVERSING
An Administrative Law Judge (ALJ) rejected the claimant's challenge to the consensus reached by three B-readers as well as his argument that the underlying reports were inadmissible under KRS...
Nalley v. Keith Wheatley Construction - 4/21/2005
THIS OPINIONIS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Gribbins v. Amazon.Com - 4/21/2005
THIS OPINIONIS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Westfield Companies - 4/8/2005
AFFIRMING
Westfield Companies, Inc. (Westfield) and Kentucky Associated General Contractors Self Insurers' Fund (Kentucky Associated) appeal from a judgment of the Boone Circuit Court determining that they have a duty to...
Parker v. Henry A. Petter Supply Co. - 4/1/2005
AFFIRMING IN PART AND VACATING AND REMANDING IN PART
BEFORE: JOHNSON AND McANULTY, JUDGES; HUDDLESTON, SENIOR JUDGE.
Leon B. Parker brought an action based on products liability in the Marshall Circuit Court against a...
Gerald-Singleton v. U of L Healthcare University Hospital - 4/1/2005
AFFIRMING
On December 2, 1997, while working for the University of Louisville's School of Allied Health Services, Brenda Gerald-Singleton suffered a work-related back injury due to an elevator accident. U of L paid...
Howell v. Verizon South - 4/1/2005
AFFIRMING
The Appellant, Carlos Howell, filed a complaint alleging premises liability and personal injury in October of 2000. Howell also prosecuted a worker's compensation claim arising from the same injury against a company...
Walser v. Mauzy - 4/1/2005
AFFIRMING
Paula and James Walser appeal from an order of the Jefferson Circuit Court dismissing for lack of prosecution their legal negligence claim against Charles P. Mauzy. The Walsers argue that the trial court abused its...
Gordon v. Kemper - 3/25/2005
TO BE PUBLISHED
OPINION AND ORDER
AFFIRMING IN PART REVERSING AND REMANDING IN PART APPEAL NO. 2002-CA-001983-MR AND DISMISSING CROSS-APPEAL NO. 2002-CA-002043-MR
This is an appeal from a Final Judgment entered by the...
Puckett v. Nationwide Fire Insurance Co. - 3/18/2005
AFFIRMING
This is a wrongful death and declaratory judgment action in which Michelle Puckett and William Puckett, and William Puckett as Personal Representative of the Estate of Bryan E. Puckett, appeal from an order of the...
Callahan v. Hubb Coal Corp. - 3/18/2005
AFFIRMING
In 1991, Belve Callahan was diagnosed with coal workers' pneumoconiosis (CWP). Although Callahan knew this, he chose not to file an occupational disease claim with the Department of Workers' Claims at that time....
Shockey v. Alloys - 3/17/2005
IMPORTANT NOTICE
NOT TO BE PUBLISHED PINION
THIS OPINION IS DESIGNA TED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED...
Commonwealth v. Sowell - 3/17/2005
TO BE PUBLISHED
AFFIRMING
KRS 500.050(2) provides that a misdemeanor prosecution must be commenced within one year after the offense is committed. A misdemeanor prosecution for assault was timely commenced against Appellee,...
Kolter v. Ryan - 3/11/2005
NOT TO BE PUBLISHED
OPINION AND ORDER
GRANTING ORIGINAL ACTION IN PART
This matter is before the Court on a petition for writ of mandamus and/or prohibition filed by petitioner, Scott Kolter, and the response of the...
Harris v. Hewitt - 3/11/2005
AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
Venita Harris and her husband, Benjamin (Ben) Harris (collectively the appellants) have appealed from the November 6, 2003, order of the Warren Circuit Court which granted...
Cravens v. Dentures - 3/11/2005
AFFIRMING
Margaret Cravens appeals from a summary judgment from the Jefferson Circuit Court dismissing her civil complaint against Sure-Fit Dentures, a dental laboratory in Louisville, Kentucky, and its owner, Linda D. Hauner,...
Newberry v. City of Newport - 3/11/2005
AFFIRMING
When Jerry Newberry's application to raze a building in the East Row Historic Preservation District (ERHPD) was denied, he sued the City of Newport and the Newport Historic Preservation Commission (NHPC), along with...
Holbrook v. Holbrook - 3/4/2005
AFFIRMING
Natalie Holbrook appeals from a judgment of the Bell Circuit Court of November 23, 2003, dissolving her marriage to the appellee, Kenneth Holbrook. She argues that the trial court erred in classifying proceeds from a...
Summers v. U.S. Liquids - 3/4/2005
AFFIRMING
To reopen a workers' compensation claim, a claimant must make a prima facie showing of one or more of the statutory grounds for reopening contained in Kentucky Revised Statutes (KRS) 342.125(1) before the claimant is...
Pack v. Witten - 3/4/2005
AFFIRMING IN PART, VACATING IN PART, AND REMANDING
Bonnie Pack appeals from a January 6, 2004, judgment of the Jefferson Circuit Court. Following a jury verdict in favor of the appellees, Dr. Carroll Witten, Jr., and Witten,...
Autry v. Western Kentucky University - 3/4/2005
AFFIRMING IN PART, REVERSING IN PART AND REMANDING
BEFORE: COMBS, CHIEF JUDGE; JOHNSON, JUDGE; AND MILLER, SENIOR JUDGE.
Donnie Autry and Virginia White, Co-Administrators of the Estate of Melissa Kay Autry (hereinafter...
Cary v. Cox - 2/25/2005
VACATING AND REMANDING
The Jefferson Circuit Court dismissed Steven Cary's personal injury claim against Michael S. Cox, apparently due to Cary's failure to abide by an order of the court to appear for a physical examination by...
Clemons v. Metcalfe County Board of Education - 2/25/2005
REVERSING
Appellant, Kansas Clemons (Clemons), by and through her next friend Patricia Clemons Scruggs, appeals the Metcalfe Circuit Court's dismissal of her personal injury claim. We reverse the circuit court's determination. ...
Campell v. Paducah & Louisville Railway - 2/18/2005
AFFIRMING
Beverly Campbell, administratrix of the estate of her late husband Billy Campbell, appeals from the judgment of the Jefferson Circuit Court in favor of the Paducah and Louisville Railway, Inc., in this action for...
Hamilton v. Salzman - 2/18/2005
AFFIRMING IN PART, REVERSING IN PART AND REMANDING
Shawna R. Hamilton appeals the summary judgment granted Dr. Marc J. Salzman in a medical malpractice case for failure to name an expert witness for trial to support the claim...
Hansen v. Kentucky Bar Association - 2/17/2005
TO BE PUBLISHED
OPINION AND ORDER
The Kentucky Bar Association (KBA) brought this action against Movant, John R. Hansen, of Hazard, Kentucky, for violations of SCR 3.130-1.4(b), SCR 3.130-1.16(d), and SCR 3.130-1.1. Movant...
McNew v. Kentucky Bar Association - 2/17/2005
TO BE PUBLISHED
OPINION AND ORDER
The Movant, Donna K. McNew, KBA Member No. 82102, petitions this Court to enter an order permanently disbarring her from the practice of law in the Commonwealth. The Movant, whose last...
Saylor v. Manalapan Mining Co. - 2/17/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Roberson v. Louisville Gas and Electric Co. - 2/11/2005
VACATING AND REMANDING
Jonathon Roberson appeals from a summary judgment of the Jefferson Circuit Court which dismissed his negligence claim against the appellee, Louisville Gas and Electric Company (LG&E). Roberson argues...
Hampton v. Commonwealth - 2/11/2005
AFFIRMING
Daniel Reese Hampton has appealed from the final judgment and order of imprisonment of the Pike Circuit Court entered on July 3, 2003, which revoked his pretrial diversion and sentenced him, pursuant to his guilty...
Schwartz v. Hasty - 2/11/2005
REVERSING AND REMANDING
Robert Schwartz appeals from an order of the Garrard Circuit Court holding that the underinsured motorist (UIM) benefits received by him were not subject to the collateral source rule and could be...
Maggard v. Conagra Foods - 2/11/2005
AFFIRMING
Michael Maggard is an emergency medical technician employed by the Carter County Ambulance Service. On July 5, 2001, Maggard and his partner responded to an emergency call concerning an employee complaining of chest...
Baker v. Saint Joseph Healthcare - 2/11/2005
AFFIRMING
Samuel Baker (Sam) filed this medical malpractice action after he underwent a pacemaker insertion. During the surgery, Sam allegedly suffered a left shoulder injury as a result of his arm and shoulder having been...
Slone v. Central Baptist Hospital - 2/4/2005
AFFIRMING
Irene Slone and Keith Slone (collectively referred to as appellants) bring this appeal from a July 2, 2003, trial verdict and judgment of the Fayette Circuit Court, dismissing their medical malpractice complaint. We...
Jones v. Stern - 1/28/2005
REVERSING AND REMANDING
This is a medical malpractice case in which Bobbie Jean Jones, individually and as Administratrix of the estate of Richard Wayne Jones, deceased, appeals from a judgment entered upon a jury verdict...
General Motors Corp. v. Chauvin - 1/20/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Cruse v. Aristech Chemical Co. - 1/20/2005
THIS OPINION IS DESICNA TED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULCATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Wheatley v. Kentucky Farm Bureau Mutual Insurance Co. - 12/30/2004
VACATING AND REMANDING
This appeal involves the right to bring a cause of action for the negligent infliction of emotional distress in Kentucky caused by witnessing an injury (death) inflicted on another. Kentucky allows...
Reece v. Nationwide Mutual Insurance Co. - 12/23/2004
AFFIRMING
Shannon Reece brings this appeal from a November 7, 2003, Judgment of the Jefferson Circuit Court, entered after a jury trial on Reece's complaint seeking damages for personal injuries arising from an automobile...
Beshears v. Stephens - 12/23/2004
AFFIRMING
Hazel Beshears appeals from a summary judgment entered by the Pulaski Circuit Court dismissing her claim of medical negligence against Dr. Scott M. Stephens. We affirm.
On April 30, 2000, Beshears went to the...
Industrial Powder Coating v. Baker - 12/23/2004
NOT TO BE PUBLISHED
OPINION AND ORDER
DISMISSING
Industrial Powder Coating appeals from an opinion of the Workers' Compensation Board reversing and remanding a decision of the Administrative Law Judge awarding total...
Taylor v. Compex International Co. - 12/23/2004
AFFIRMING IN PART, REVERSING IN PART AND REMANDING
Stephen and Laura Taylor appeal from an order of the Bell Circuit Court dismissing their product-liability claims against Compex International Co., Ltd. The Taylors argue that...
Wilkerson v. Hardin County - 12/17/2004
REVERSING AND REMANDING
Appellant Charles Wilkerson, the Executor of the Estate of Bessie Wilkerson, (Wilkerson), appeals a Hardin Circuit Court ruling on the expiration of the Statute of Limitations for reviving a cause of...
Nathan v. St. Luke Hospitals - 12/17/2004
AFFIRMING
William Nathan appeals from an order of the Pendleton Circuit Court awarding summary judgment to St. Luke Hospitals, Inc., in a lawsuit related to an automobile accident in which Nathan was injured. Nathan contends...
State Farm Mutual Automobile Insurance Co. v. Marley - 12/16/2004
TO BE PUBLISHED
AFFIRMING
This appeal is from an opinion of the Court of Appeals which determined that the household exclusion contained in the personal liability umbrella policy is void against the public policy of the...
Aero Energy Inc. v. Johnson - 12/16/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Earle v. Cobb - 12/16/2004
TO BE PUBLISHED
REVERSING
The issue presented is whether an underinsured motorist (UIM) carrier must be identified at trial when it chooses to preserve its subrogation rights by means of the procedure set forth in Coots v....
Baptist Hospital East v. Jones - 12/16/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Inquiry Commission v. McNew - 12/16/2004
TO BE PUBLISHED
ORDER OF TEMPORARY SUSPENSION
The Inquiry Commission seeks to have Donna Kay McNew, a member of the Kentucky Bar Association, No. 82102, temporarily suspended from the practice of law pursuant to SCR...
Dotson v. Blackfield Coal Co. - 12/10/2004
AFFIRMING
Herman Dotson (Dotson) has petitioned for review of an opinion of the Workers' Compensation Board (Board) entered on March 24, 2004, which affirmed orders of the Chief Administrative Law Judge (CALJ) rendered on...
Roman Catholic Bishop of Louisville v. Burden - 12/10/2004
TO BE PUBLISHED
OPINION AND ORDER
DISMISSING
In 2002, Kyle Burden filed suit against the Roman Catholic Bishop of Louisville (hereinafter "the Archdiocese") seeking damages for its actions, or lack of action,...
Thompson v. Dreszer - 12/3/2004
AFFIRMING
Three issues are presented in this appeal from a judgment based upon a jury verdict in a medical malpractice action: (1) whether appellants were entitled to a directed verdict; (2) whether it was a violation of CR...
Lavender v. American Physicians Assurance Corp. - 12/3/2004
VACATING AND REMANDING
SUMMARY
On May 24, 1997, L. Michael Lavender, M.D., delivered Linda Justice's son by crash cesarean section. Once Dr. Lavender opened Linda Justice in the operating room, he discovered that her...
Moore v. Moore - 11/24/2004
AFFIRMING AS TO THE APPEAL AND AS TO THE CROSS-APPEAL
Earl Marson Moore and Debra Moore married in 1973, separated in 1989, and divorced in 1992. The divorce decree reserved the issues of maintenance, child support, attorney...
Jones v. Brasch-Barry General Contractors - 11/24/2004
REVERSING
Jeff Jones seeks review of a decision of the Workers' Compensation Board that reversed and remanded the earlier opinion of an Administrative Law Judge. The question we are asked to address is whether the Board...
AIG/AIU Insurance Co. v. South Akers Mining Co. - 11/24/2004
AFFIRMING
Ronnie Charles, an underground miner, was killed in a tragic roof fall accident while employed by South Akers Mining Company. The Mine Safety and Review Commission found that South Akers failed to follow its roof...
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