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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Alkhalidi v. Morris - 11/18/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Harralson v. Monger - 11/12/2004
AFFIRMING
The parties were involved in a six-vehicle collision on September 20, 2000. Appellee Angela Monger's car first collided with appellee Frederick Jacobs' car. Monger's vehicle then struck two other stationary vehicles...
Bearing v. Medley - 11/5/2004
AFFIRMING
Roller Bearing appeals from an opinion and order by the Workers' Compensation Board (Board) which affirmed an opinion and award by the Administrative Law Judge (ALJ) to Anthony Medley. Roller Bearing argues that there...
Stephens v. Denison - 11/5/2004
AFFIRMING
Thomas Stephens was convicted of obtaining a controlled substance by fraud and of being a first-degree persistent felony offender (PFO I) and was sentenced to twenty years in prison following a jury trial in the...
Midwestern Insurance Alliance - 11/5/2004
AFFIRMING
This case arises from an alleged fraud that Midwestern Insurance Alliance, Inc., contends induced it to execute a contract with the Kentucky Chamber of Commerce for the purpose of devising and implementing a workers'...
Adams v. Coastal Coal Co. - 11/5/2004
AFFIRMING
Bobby Adams appeals from an opinion and order by the Workers' Compensation Board (Board) which affirmed an opinion and award by the Administrative Law Judge (ALJ). Adams argues that the ALJ erred in accepting a...
Deaton v. St. Luke Hospital East - 11/5/2004
AFFIRMING
Rhonda Deaton, administratrix of the estate of Virginia Findley, appeals from an order of the Campbell Circuit Court dismissing her complaint against St. Luke Hospital East, Dr. Gary Seward, Dr. Mark Schroer, and...
Lanter v. Kentucky State Police - 9/24/2004
AFFIRMING
Brian Lanter petitions for review of an opinion of the Workers' Compensation Board which affirmed an ALJ's award to him of permanent partial disability benefits. The ALJ determined that Lanter sustained a cognitive...
McDonald v. Phelps - 9/23/2004
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...
Kentucky Bar Association v. Deaton - 9/23/2004
TO BE PUBLISHED
KBA Member No. 86763
OPINION AND ORDER
On April 14, 2004, the Supreme Court of Ohio entered an Order permanently disbarring Respondent, John Reno Deaton, II. Cincinnati Bar Assn. v. Deaton , 806 N.E.2d...
Grocery v. Woods - 9/23/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDRE 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...
Jones v. Lathram - 9/23/2004
TO BE PUBLISHED
OPINION REVERSING AND REMANDING
This case arose from a fatal automobile collision that occurred when State Police Trooper Scott Lathram and the decedent, Stephen Camp, collided in a blind intersection while...
Curry v. Collins - 9/17/2004
REVERSING AND REMANDING
Vicki Curry appeals from the decision of the Warren Circuit Court which refused to instruct the jury during a medical negligence action on the improper use of a statutory reporting system. We find that...
Norman v. Galen of Kentucky - 9/17/2004
AFFIRMING ON DIRECT APPEAL AND DISMISSING THE CROSS-APPEALS
This is an appeal and three protective cross appeals from a jury verdict finding no medical malpractice in a suit by a surgical patient against the hospital, the...
Comberger v. Drees Co. - 9/10/2004
AFFIRMING
Gerald Comberger ("Comberger") appeals from a summary judgment of the Boone Circuit Court in favor of The Drees Company ("Drees"). The trial court determined that Comberger failed to bring his personal injury action...
Nunn v. First Healthcare Corp. - 9/10/2004
AFFIRMING
Patty Jo Nunn appeals from an order of the Casey Circuit Court granting summary judgment to First Healthcare Corporation d/b/a Liberty Care Center pursuant to Kentucky Rules of Civil Procedure (CR) 56, and dismissing...
McGuire v. McGuire - 9/10/2004
VACATING AND REMANDING
This is an appeal from the Pike Circuit Court's Order modifying Appellee's child support obligation and effectively eliminating court-ordered child support for the parties' adult son, who is seriously...
Rapier v. Lone Mountain Processing - 9/3/2004
AFFIRMING
Petitioner, Edward Rapier petitions for review of a Workers' Compensation Board (Board) opinion which affirmed the Opinion, Award and Order of the Administrative Law Judge (ALJ), Lloyd R. Edens, finding that Rapier...
Sidney Coal Co. - 9/3/2004
AFFIRMING
Sidney Coal Company, Inc. (Sidney Coal) petitions for review from an opinion of the Workers' Compensation Board (Board) affirming the opinion and award of the Administrative Law Judge (ALJ) granting appellee Paul...
Aero Energy - 12/31/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Aero Energy, Inc., petitions for review from an opinion of the Workers' Compensation Board affirming the determination of an administrative law judge (ALJ) that Phillip Johnson is...
Williams v. North American Refractories Co. - 12/31/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Douglas E. Williams Jr. petitions for review of an opinion of the Kentucky Workers' Compensation Board which affirmed the opinion and order of an administrative law judge dismissing...
Indiana Insurance Company v. Brown - 12/24/2003
REVERSING AND REMANDING
Indiana Insurance Company appeals from a summary judgment in a declaratory judgment action finding that it is obligated to defend and indemnify its named and additional insureds under a commercial...
Kentucky Bar Association v. Roberts-Gibson - 12/18/2003
TO BE PUBLISHED
OPINION AND ORDER
The Kentucky Bar Association brought this action against Respondent, Jamie Kay Roberts-Gibson, a/k/a Jamie Kay Roberts, of Louisville, Kentucky. The Inquiry Commission charged the...
Boyers v. City of Fort Thomas - 12/18/2003
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...
Copar - 12/18/2003
TO BE PUBLISHED
OPINION OF THE COURT AFFIRMING
After being awarded interlocutory temporary total disability (TTD) benefits, the claimant was later found to be permanently and totally disabled. The employer was given credit...
Transportation Cabinet and Gab v. McGaughey - 12/18/2003
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...
Ostendorf v. Clark Equipment Company - 12/18/2003
TO BE PUBLISHED
AFFIRMING
Michael Ostendorf was severely injured when the Clark forklift he was driving tipped over and pinned his right foot to the ground. The accident occurred when a baggage tug vehicle operated by...
Nationwide Mutual Insurance v. Hatfield - 12/18/2003
TO BE PUBLISHED
AFFIRMING
This appeal is from a decision of the Court of Appeals which reversed a summary judgment entered by the circuit court which had dismissed the claim of the Hatfields and upheld the exclusion for...
Napier v. Whitaker Coal Corp. - 12/18/2003
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...
Fair v. Rodgers - 12/12/2003
NOT TO BE PUBLISHED
OPINION REVERSING
Melissa Fair appeals from an order of the Casey Circuit Court, denying her motion to set aside a default judgment entered in favor of Melissa Rodgers for damages arising from an...
City of Danville v. Goode - 12/12/2003
TO BE PUBLISHED
OPINION REVERSING
The City of Danville and the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways, appeal from an order of the Boyle Circuit Court reversing an order by the Board of...
James v. Kentucky Farm Bureau Mutual Insurance Company - 12/12/2003
TO BE PUBLISHED
OPINION AND ORDER AFFIRMING
This is an appeal from the grant of summary judgment in a declaratory judgment and insurance bad faith action denying coverage under two policies of insurance and dismissing all...
Rumpke of Kentucky - 12/12/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Rumpke of Kentucky, Inc. has petitioned for review of an opinion and order of the Workers' Compensation Board entered on November 27, 2002, which reversed the Administrative Law Judge's...
Harter v. Roetting - 12/12/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Kathleen Harter (hereinafter appellant) brings this appeal after the Campbell Circuit Court granted summary judgment to appellees Michael Roetting and the Estate of Suzzana Roetting in...
Samples v. Cincinnati Insurance Co. - 12/5/2003
AFFIRMING IN PART, REVERSING IN PART AND REMANDING
In this case we are faced squarely with a matter of first impression in this Commonwealth. The issue presented concerns whether an employee, who has recovered workers'...
Doall Louisville Co. v. Ferrante - 12/5/2003
AFFIRMING
This is a products liability case with a lengthy procedural history. The issues on appeal concern the apportionment of liability, post-judgment interest, and a penalty assessed under KRS 26A.300.
FACTS
On...
Kentucky National Insurance Co. v. Bottoms - 11/26/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
This is an appeal from a judgment awarding appellee $9,668.26 in underinsured motorist benefits. Appellant argues that the award was in error because it was entitled to a set-off for...
Bentley v. Bentley - 11/26/2003
NOT TO BE PUBLISHED
OPINION REVERSING AND REMANDING
This is an appeal from an order entered by the Greenup Circuit Court dismissing appellant's tort action. For the reasons stated hereafter, we reverse and remand for...
Tyler v. Taylor - 11/26/2003
TO BE PUBLISHED
OPINION AFFIRMING
Timothy Tyler appeals pro se from an order of the Lyon Circuit Court, entered June 28, 2002, dismissing his petition for declaratory and other relief against the Commissioner of the...
Carmack v. Hall - 11/21/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
The Appellant, Roseleigh Carmack ("Carmack"), seeks review of a trial order and judgment of the Kenton Circuit Court entered upon a jury verdict in favor of the Appellees, George Hall,...
White v. Excel Mining - 11/14/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Bruce David White petitions for review of a decision of the Workers' Compensation Board affirming an order of an administrative law judge (ALJ). The ALJ dismissed White's disability...
Smith v. Miller - 11/14/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
In this wrongful death/medical negligence action, Linda Susan Smith, Executrix of the Estate of Gary S. Smith, Deceased, and Linda Susan Smith, Individually, (hereinafter, collectively,...
Johnston v. Sisters of Charity of Nazareth Health Systems - 11/14/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
This is an appeal from a summary judgment entered by the Nelson Circuit Court dismissing appellants' complaint against appellees Joseph J. Buchino, M.D. and Joseph J. Buchino, M.D....
Kentucky School Boards Insurance Trust v. Board of Education of Woodford County - 11/7/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
At issue in this declaratory judgment action are two exclusions contained in the "Educators Legal Liability Coverage Document" pursuant to which the Kentucky School Boards Insurance...
Jackson v. Harris - 11/7/2003
REVERSING AND REMANDING
Maria Jackson appeals from an order of the Christian Circuit Court dismissing her lawsuit, filed on behalf of herself and her infant son, against Wilford Harris for failure to substitute Harris's estate...
Kleinhenz v. Quigley Company - 11/7/2003
TO BE PUBLISHED
OPINION VACATING AND REMANDING
The Appellants, Michael Kleinhenz, Executor of the Estate of Alvin J. Kleinhenz, and Margaret Kleinhenz ("Kleinhenz"), seek review of a summary judgment of the Jefferson...
Tri-State Roofing And Sheet Metal v. Hensley - 10/31/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Tri-State Roofing and Sheet Metal (Tri-State) petitions for review of a decision of the Workers' Compensation Board (the Board), entered April 23, 2003, that affirmed an...
Storage v. Sinegra - 10/31/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
American Cold Storage has petitioned for a review of an opinion of the Kentucky Workers' Compensation Board which affirmed the opinion and award of Administrative Law Judge James L....
Stone v. Cummins - 10/31/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
In this personal injury action, Dorothy Stone (hereinafter "Dorothy") and John Stone (hereinafter "John" or collectively "the Stones") have appealed from the Grant Circuit Court's...
Esarey v. Commonwealth - 10/31/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Mary Ann Esarey appeals her conviction in the Pulaski Circuit Court for wanton endangerment in the first degree, complicity to retaliating against a witness, and perjury in the first...
Baker v. City of Louisville - 9/19/2003
AFFIRMING
This is a petition for review from an opinion of the Workers' Compensation Board (board) affirming an opinion and order of the Administrative Law Judge (ALJ) dismissing appellant Harold Baker's motion to reopen his...
Pope v. Allstate Insurance Co. - 9/19/2003
AFFIRMING
Alita Gail Pope (hereinafter "Pope") has appealed from the McCracken Circuit Court's September 10, 2002, order granting Allstate Insurance Company's (hereinafter "Allstate") motion for summary judgment and dismissing...
Kentucky Bar Association v. Roberts - 9/18/2003
TO BE PUBLISHED
OPINION AND ORDER OF SUSPENSION
Jamie Kay Roberts, a/k/a Jamie Kay Roberts Gibson, KBA No. 84027, of Louisville, Kentucky was charged by the Inquiry Commission with six disciplinary violations.
The...
Sidney Coal Co. v. Finley - 9/18/2003
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...
Sommerkamp v. Linton - 9/18/2003
TO BE PUBLISHED
REVERSING
This appeal is from a decision of the Court of Appeals which reversed a judgment based on a jury verdict for the defense in a medical malpractice action and remanded the case for a new trial. ...
Ridge v. VMV Enterprises - 9/18/2003
OPINION OF THE COURT AFFIRMING
TO BE PUBLISHED
KRS 342.270(1) requires the joinder of all known causes of action against the named employer during the pendency of a workers' compensation claim. After sustaining a...
Lawson v. Wal-Mart Stores - 9/12/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Janice Lawson appeals from an opinion and order of the Workers' Compensation Board (Board) affirming the findings of the Administrative Law Judge (ALJ) limiting her recovery to thirty...
Eversole v. Louisville Ladder Group - 9/5/2003
AFFIRMING
The Appellant, Timothy Eversole, appeals from a judgment of the Boone Circuit Court, granting a directed verdict in favor of the Appellee, Louisville Ladder Group a/k/a Louisville Ladder Corp. ("Louisville Ladder"). ...
Hall v. Lodestar Energy - 9/5/2003
AFFIRMING
Howard Hall (hereinafter "Hall") has petitioned this Court for review of the Workers' Compensation Board's (hereinafter "the Board") February 12, 2003, opinion affirming the August 21, 2002, Opinion and Order of the...
Ramler v. Spartan Construction Inc. - 9/5/2003
AFFIRMING
David Ramler appeals from an order of the Kenton Circuit Court granting summary judgment to Appellee Spartan Construction Incorporated (Spartan). Following a work related injury, Ramler filed a successful workers'...
Shofner v. Baptist Healthcare Affiliates - 8/29/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING IN PART, VACATING IN PART AND REMANDING
Shawn Shofner and his wife, Stephanie Shofner (in her individual capacity and as the administratrix of the estate of Joel Shofner), appeal from...
Snyder v. McCarley - 8/29/2003
NOT TO BE PUBLISHED
MODIFIED: September 19, 2003
OPINION AFFIRMING IN PART, VACATING IN PART, AND REMANDING
This is an appeal from a judgment entered by the Jefferson Circuit Court in a tort action. For the reasons...
Edwards v. Hop Sin - 8/29/2003
TO BE PUBLISHED
MODIFIED: September 19, 2003
OPINION REVERSING AND REMANDING
In November 1998, Ernest Edwards ate raw oysters from the seafood bar at China Town restaurant on the Outer Loop in Louisville. By the next...
Westerfield v. Diversified Health Care - 8/29/2003
TO BE PUBLISHED
OPINION AFFIRMING
Kathleen Mary Westerfield petitions for review of a decision of the Workers' Compensation Board that reversed an Administrative Law Judge's ("ALJ") award of permanent partial disability...
Hisel v. Trim Masters - 6/27/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Philip Hisel ("Hisel") appeals from a summary judgment of the Jessamine Circuit Court in his action alleging that his former employer, Trim Masters, Inc. ("TMI"), unlawfully...
Haddix v. Nordloh - 6/27/2003
NOT TO BE PUBLISHED
ACTION No. 99-CI-00014
OPINION AFFIRMING
Michael and Rhonda Haddix (appellants) bring this appeal from a May 2, 2002, order of the Gallatin Circuit Court. We affirm.
Appellee is an attorney...
Blair v. Green - 6/27/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
In this personal injury action filed against dermatologist James W. Green (hereinafter "Green"), Elizabeth L. Blair (hereinafter "Blair") has appealed from the Jefferson Circuit Court's...
Baird v. Newsom - 6/20/2003
AFFIRMING IN PART, VACATING IN PART, AND REMANDING
Jeffrey Baird, a home builder, appeals from judgments of the Madison Circuit Court in which he was ordered to pay to G.W. and Deborah Newsom the sum of $24,181.00 to compensate...
Louisville Remodeling and Painting v. Muller - 6/13/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Louisville Remodeling and Painting petitions for review of a decision of the Workers' Compensation Board which affirmed an award of total disability by the Administrative Law Judge...
Knight v. University of Louisville Hospital - 6/13/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
In September 2000, proceeding pro se, Roderick Knight filed suit against the University of Louisville Hospital, Inc. and several physicians including Stuart Urbach, M.D. He alleged that...
Appalachian Racing - 6/12/2003
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...
Smith v. Mate Creek Development - 6/12/2003
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...
United Services Automobile Association v. Bult - 6/6/2003
REVERSING AND REMANDING
United Services Automobile Association (USAA) appeals from a judgment of the Jefferson Circuit Court following a jury verdict in favor of Craig and Karen Bult. The Bults had filed a complaint alleging...
Cole v. Specialty Transportation - 5/30/2003
AFFIRMING
Johnny Cole (hereinafter "Cole") has petitioned the Court for review of the Workers' Compensation Board's (hereinafter "the Board") January 15, 2003, opinion affirming the decision of the Administrative Law Judge...
Sluder v. Marple - 5/30/2003
TO BE PUBLISHED
OPINION AFFIRMING
Following the death of Danny Ray Tungate in July 2000, Debbie Sluder was appointed administratrix of his estate in May 2001. Sluder is also the adoptive parent of John Austin Sluder, the...
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