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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Butler v. Neace - 5/30/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Amanda Butler appeals from an adverse jury verdict and judgment of the Campbell Circuit Court entered on November 16, 2001. Butler filed suit for damages for injuries she sustained when...
Golubic v. Allied Systems - 5/30/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Frances E. Golubic has petitioned this Court for review of the December 11, 2002, opinion of the Workers' Compensation Board, which affirmed in part, reversed in part...
Big Fist Coal Co. v. O'Quinn - 5/30/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Big Fist Coal Company petitions for review of an opinion by the Workers' Compensation Board (Board) affirming an opinion and award by an administrative law judge (ALJ) that awarded...
City of Henderson Fire Department v. Stone - 5/30/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
The city of Henderson Fire Department appeals from a decision of the Workers' Compensation Board that affirmed an opinion of an administrative law judge. The ALJ awarded permanent...
Compass Useac v. Kennedy - 5/30/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Compass USEAC petitions for review of an opinion of the Workers' Compensation Board that affirmed a decision of an administrative law judge awarding Kaye Kennedy permanent partial...
Globe American Casualty Co. - 5/30/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
George and Carolyn Bowman were seriously injured and their three children were killed in a head-on collision in Whitley County, Kentucky, on June 24, 1996. Their claims...
Dodd v. Long - 3/28/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
This is an appeal from a summary judgment entered against plaintiffs/appellants in their claim for funds owing under a contract defendants/appellees entered into to purchase a liquor...
White v. White - 3/28/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Melissa White appeals and Anthony (Tony) White cross-appeals from a decree of the Franklin Family Court dissolving their marriage. Melissa contends that the trial court awarded Tony too...
Abell v. Oliver - 3/28/2003
Ordered published October 15, 2003
OPINION VACATING AND REMANDING
This is a medical malpractice case in which the plaintiff hired the judge's husband's law firm. The defendant did not waive the conflict in writing and the...
United Parcel Service - 3/21/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
United Parcel Service (UPS) petitions for our review of an opinion by the Workers' Compensation Board (Board) affirming a decision by an administrative law judge (ALJ) awarding...
Lane v. Deere and Co. - 3/21/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Caswell P. Lane, as the administrator of the estate of Jimmy D. Denniston (Denniston), and Judith R. Denniston, the widow of Denniston, appeal from a jury verdict in favor of Deere and...
Mills v. Law Office of Melbourne Mills - 3/21/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
This is an appeal from an order dismissing appellant's legal malpractice action for being filed outside the statute of limitations and for failure to state a claim. Although we adjudge...
Estate of Clark v. Daviess County - 3/14/2003
TO BE PUBLISHED
OPINION AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
The Estate of Candice Clark and Linda Mitchell, Clark's mother, appeal from an order of the Daviess Circuit Court granting summary judgment to the...
Kimbler v. Arms - 3/14/2003
TO BE PUBLISHED
OPINION AFFIRMING
Alleging that Johnson Circuit Court misapplied Kentucky Revised Statutes (KRS) 411.137 and KRS 391.033 in determining that he "willfully abandoned" his son, Boyd Kimbler appeals from the...
Concrete Materials v. Cole - 3/7/2003
AFFIRMING
Concrete Materials appeals from a Workers' Compensation Board opinion affirming a decision and order on petition for reconsideration of an administrative law judge awarding Hubert Cole total permanent disability...
Hopkins v. Birthelmer - 3/7/2003
AFFIRMING
The Appellants, Mary A. Hopkins and William Hopkins, appeal from a trial order and judgment of the Kenton Circuit Court dismissing, based upon a jury verdict in favor of the Appellee, Gwen Birthelmer. Appellants also...
Stanley v. Star Community Taxi - 3/7/2003
REVERSING AND REMANDING
On May 3, 1996, appellants Patricia Stanley and George Thomas, both of New Orleans, were injured as they left Churchill Downs in a taxi cab driven by Johnny Smith and owned by appellee, Star Community...
Taylor v. Wheeler - 2/28/2003
AFFIRMING
Marshall Taylor appeals from a summary judgment granted by the Floyd Circuit Court dismissing his complaint of medical negligence against Dr. Greg Wheeler. The circuit court correctly granted summary judgment, and we...
[U} Troxle v. Jones - 2/28/2003
AFFIRMING
Marlene Troxle, in her capacity as guardian and next friend of Ashley French, appeals the judgment of the Jefferson Circuit Court dismissing Ashley's claim against the estate of her father, John M. French (French),...
Bayless v. St. Elizabeth Medical Center - 2/28/2003
AFFIRMING
Michael J. Bayless II and his parents appeal from a judgment of the Kenton Circuit Court following a jury trial in a medical malpractice case. Bayless's claim against one of the defendant doctors was successful to an...
McCarty v. Boswell - 2/21/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Orville and JoAnn McCarty have appealed from an order of the Floyd Circuit Court entered on June 15, 2001, which granted summary judgment in favor of John D. Boswell, M.D., and...
Henson v. Terminex/Service Master - 2/21/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Charles S. Henson petitions for review from an opinion of the Workers' Compensation Board, which affirmed the opinion of the Administrative Law Judge limiting an award of income...
Riddle v. Owensboro Mercy Health System - 2/21/2003
NOT TO BE PUBLISHED
OPINION VACATING AND REMANDING
This is an appeal from an order dismissing a medical malpractice claim pursuant to CR 41.02(1) for failure to timely prosecute the action. Because the trial court failed to...
Scully v. American Airlines - 2/21/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Patrick J. Scully and Merlyn C. Scully, his wife, appeal from a March 6, 2001, order of the Boone Circuit Court dismissing their personal injury action against the appellee, American...
Denham-Blythe Co. - 2/21/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Denham-Blythe Co., Inc. has petitioned for review of an opinion and order of the Workers' Compensation Board (Board). The Board affirmed an opinion and award on reopening by the...
Delta Electric v. Goodpaster - 2/21/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
The Appellant, Delta Electric ("the employer"), appeals from a decision of the Workers' Compensation Board, affirming the Administrative Law Judge's award of benefits in this June 26,...
Martin County Coal Corporation v. Jude - 2/20/2003
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 AND SHALL NOT BE CITED OR USED AS AUTHORITY INANY...
Miller v. Commonwealth Revenue Cabinet - 2/20/2003
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...
Branstutter Concrete Construction v. Jones - 2/14/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING ON DIRECT APPEAL AFFIRMING IN PART, REVERSING IN PART, AND REMANDING ON CROSS-APPEAL
Branstutter Concrete Construction (Branstutter) petitions for review from an opinion of the Workers'...
Casey v. Grayson County Board of Education - 2/14/2003
TO BE PUBLISHED
OPINION REVERSING AND REMANDING
Joseph W. Casey appeals a summary judgment granted in favor of the Grayson County Board of Education (Board of Education) dismissing his personal injury claim allegedly caused...
McDowell v. Our Lady of Bellefonte Hospital - 2/14/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Appellant, Ricky McDowell, appeals from a judgment entered after the circuit court directed verdict entered in favor of the Appellee, Our Lady of Bellefonte Hospital ("the hospital")...
Sheperd v. National Mines Corporation - 2/14/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Gorman Shepherd petitions for review from an opinion of the Workers' Compensation Board (Board) affirming a decision by the Administrative Law Judge (ALJ) to deny Shepherd's motion to...
Durham v. Bituminous Casualty Corp. - 2/7/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING IN PART AND REVERSING IN PART
Tilmond Durham, Terrill Durham, and Walter Powell III, d/b/a DP Enterprises; Ima Ruth Thrasher, individually and as executrix of the estate of Howard...
Garland v. Certainteed Corporation - 2/7/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Martha Garland, individually and as Executrix of the estate of Horace Garland (hereinafter the Garlands) appeals an order granting summary judgment entered by the McCracken Circuit...
Bruce v. Marshall County Public Hospital District Corporation - 2/7/2003
NOT TO BE PUBLISHED
OPINION REVERSING AND REMANDING
Dolores M. Bruce, Administratrix of the Estate of Nicole M. Bruce, deceased, and Dolores M. Bruce, Individually, (hereinafter "Bruce") have appealed from the Marshall...
Yesowitch v. Kentucky Bar Association - 12/19/2002
TO BE PUBLISHED
OPINION AND ORDER
Movant, William Yesowitch, of Louisville, Kentucky, was admitted to the practice of law in the Commonwealth of Kentucky by order of this Court entered on October 3, 1979. On May 24, 2002,...
Pearson v. National Feeding Systems - 11/21/2002
TO BE PUBLISHED
AFFIRMING
This appeal is from an opinion of the Court of Appeals which affirmed a summary judgment entered by the circuit court in favor of National Feeding Systems, Inc., in a products liability lawsuit...
Headen v. Commonwealth - 9/20/2002
REVERSING AND REMANDING
Patricia Headen appeals from a Franklin Circuit Court judgment that affirmed a Board of Claims' order dismissing as untimely filed Headen's claim for damages resulting from a personal...
Kentucky Farm Bureau Mutual Insurance Company v. Rodgers - 9/13/2002
TO BE PUBLISHED
OPINION AFFIRMING
Kentucky Farm Bureau Mutual Insurance Company (Farm Bureau) appeals from a judgment of the Lincoln Circuit Court based upon a jury verdict in favor of Tina Johnson. We affirm.
Tina...
Ridge v. VMV Enterprises - 9/6/2002
TO BE PUBLISHED
OPINION AFFIRMING
Thomas Ridge petitions for review from an opinion and order of the Workers' Compensation Board (Board) which upheld the decision of the Administrative Law Judge (ALJ) dismissing Ridge's...
Wood v. Wyeth-Ayerst Laboratories - 8/22/2002
TO BE PUBLISHED
Affirming
I.
In 1973, the United States Federal Food and Drug Administration approved the use and sale of fenfluramine, an appetite suppressing diet medication. The drug was tested, manufactured, and...
Ryan's Family Steakhouse v. Thomasson - 8/22/2002
OPINION OF THE COURT
AFFIRMING
The Court of Appeals determined that objective medical findings supported the claimant's medical diagnosis, reversed a Workers' Compensation Board (Board) decision to the contrary, and...
Tuttle v. Perry - 8/22/2002
OPINION OF THE COURT BY CHIEF JUSTICE LAMBERT
REVERSING
The use of highly compensated, learned professionals as expert witnesses in complex litigation has become axiomatic. Many cases become reduced to a "battle of experts"...
Goff v. Justice - 8/16/2002
TO BE PUBLISHED
OPINION REVERSING AND REMANDING
Judy Mae Goff and Phillip G. Goff appeal from an order of the Boyd Circuit Court denying their motion to alter, amend, or vacate a summary judgment entered by that court in...
Simmons v. Stephenson - 8/16/2002
TO BE PUBLISHED
OPINION AFFIRMING
Robert F. Simmons and Tawanda R. Simmons appeal from a summary judgment granted by the Jefferson Circuit Court in favor of Dr. Harry Stephenson. We affirm.
On September 23, 1998, Dr....
Kentucky River Enterprises - 6/28/2002
AFFIRMING
Kentucky River Enterprises, Inc. appeals from a Workers' Compensation Board opinion that affirmed an administrative law judge's opinion and award finding that Jerry Elkins suffered a work- related injury, awarding him...
Jones v. Lathram - 6/21/2002
TO BE PUBLISHED
OPINION AFFIRMING
In an opinion rendered November 9, 2000, we affirmed the entry of summary judgment in this case by the Graves Circuit Court. By order entered March 13, 2002, our decision was vacated. The...
Holman v. Holman - 6/13/2002
TO BE PUBLISHED
OPINION OF THE COURT
REVERSING AND REMANDING
I. ISSUE
This appeal presents an issue of first impression in Kentucky. After thirteen (13) years of service as a firefighter, but before his pension...
O'Keefe v. North American Refractories - 5/31/2002
TO BE PUBLISHED
OPINION AFFIRMING
Diana O'Keefe appeals from a summary judgment by the Pendleton Circuit Court dismissing her personal injury claim against North American Refractories (North American). O'Keefe argues that...
Bowling v. Commonwealth - 3/21/2002
AFFIRMING
Appellant, Ronnie Lee Bowling, was convicted of two counts of murder, two counts of first-degree robbery, and two counts of first-degree burglary. He was sentenced to death on each of the murder counts and twenty...
American General Life & Accident Insurance Company v. Hall - 3/21/2002
TO BE PUBLISHED
REVERSING
Appellee Sharon Hall brought this action in the Perry Circuit Court against her employer, American General Life & Accident Insurance Company, and her supervisor, James Robert Lyons, seeking...
Aetna Casualty & Surety Co. - 3/8/2002
I. AFFIRMING ON THE DIRECT APPEAL AND ON CROSS-APPEAL NOS. 2000-CA-000213-MR AND 2000-CA-000215-MR AND II. AFFIRMING IN PART, REVERSING IN PART, AND REMANDING AS TO CROSS-APPEAL NO. 2000-CA-000214-MR
The appellant, an...
Scott v. Fruit of the Loom - 2/22/2002
TO BE PUBLISHED
OPINION REVERSING AND REMANDING
The Appellant, Arlin Scott ("Scott"), appeals from an opinion of the Workers' Compensation Board, affirming the ALJ's award of permanent partial disability for a 1998 neck...
Whittaker v. Ivy - 2/21/2002
TO BE PUBLISHED
REVERSING
In 1985, the claimant sustained a partially disabling back injury that required surgery. He settled the claim with the employer and Special Fund, obtained other employment, and performed physically...
Bright v. American Greetings Corporation - 12/20/2001
OPINION OF THE COURT
The claimant sustained a work-related injury to his lower back on June 10, 1997, but he continued to work until June 1, 1998. Shortly thereafter, he filed consolidated workers' compensation claims for the...
Phoenix Manufacturing v. Johnson - 12/20/2001
ORDERED PUBLISHED 03/21/2002
OPINION OF THE COURT AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
The claimant injured the same area of her lower back in 1989 and in 1992 while working for the defendant-employer. She...
CLE:MCO Fabricators v. Becker - 12/20/2001
TO BE PUBLISHED
OPINION OF THE COURT
AFFIRMING
After being injured in a work-related automobile accident on June 6, 1995, the claimant sought workers' compensation benefits. He also filed a personal injury action and...
Hill v. Sextet Mining Corp. - 12/1/2001
TO BE PUBLISHED
OPINION OF THE COURT
REVERSING
On September 14, 1998, the claimant alleged that he was totally disabled either by injuries that occurred in 1997 and 1998, or by cumulative trauma to his neck and back...
Martin v. Commonwealth - 11/30/2001
2:00 p.m.
TO BE PUBLISHED
OPINION REVERSING AND REMANDING IN APPEAL NO. 2000-CA-000640-MR AFFIRMING IN APPEAL NO. 2000-CA-002083-MR
These are two consolidated appeals which arose separately but involve the same...
Kentucky Bar Association v. Lococo - 9/27/2001
TO BE PUBLISHED
OPINION AND ORDER
Effective February 24, 2000, Respondent, Alecia Lococo, was temporarily suspended from the practice of law by this Court pursuant to SCR 3.165. lnauirv Com'n v. Lococo, Ky., 18 S.W.3d 341...
Hoffman v. Yellow Cab Company of Louisville - 9/27/2001
The issue presented by this case is whether a self-insured owner of a motor vehicle is required to pay uninsured motorist (UM) benefits to an occupant of the self-insured vehicle injured by the negligence of an uninsured motorist. The...
Copass v. Monroe County Medical Foundation - 9/21/2001
As amended November 21, 2001.
TO BE PUBLISHED
OPINION REVERSING AND REMANDING
The Appellants are Duane Copass ("Copass") and Ruth Copass, his wife. Duane Copass became paralyzed as the result of an epidural bleed and...
Colvin v. Sixty-Eight Liquors - 9/14/2001
REVERSING AND REMANDING
Randy and Vivian Colvin, individually, and Randy Colvin, administrator of the estate of Phillip Matthew Colvin , appeal from a judgment of the Marion Circuit Court dismissing their claims against...
Davidson v. Travelers Insurance Co. - 9/14/2001
VACATING AND REMANDING
Letha C. Davidson appeals a trial court order allocating certain settlement proceeds and awarding subrogation credits in favor of Travelers Insurance Company ("Travelers"). We vacate and remand for...
Northeast Health Management - 9/7/2001
AFFIRMING
Northeast Health Management, Inc., and McLean County General Hospital, Inc., have appealed from a judgment entered on December 2, 1999, by the McLean Circuit Court which followed a jury verdict which awarded Kimberly...
Lawson v. Wal-Mart - 9/7/2001
AFFIRMING
These workers' compensation appeals present a common issue of law: whether the payment of temporary disability benefits, subsequent to the running of the original two-year period to file a claim after the date of an...
Lewis v. B&R;Corp. - 9/7/2001
AFFIRMING
Theresa Gail Lewis, Administratrix of the estate of Brenda Carol Helton, and Don Helton (hereinafter collectively referred to as "Lewis") appeal from a summary judgment granted to B&R;Corporation, d/b/a...
Clary v. Clary - 8/31/2001
REVERSING AND REMANDING
Lisa Ann Clary has appealed from an order of the Henderson Circuit Court entered on November 15, 1999, which denied her objections and adopted the Domestic Relations Commissioner's recommendation...
Zurich Insurance Company v. Knotts - 8/23/2001
As amended August 29, 2001
TO BE PUBLISHED
Affirming.
An attorney who handles a personal injury action is not necessarily disqualified as an advocate in an action for bad faith in the insurance claims process merely...
Sexton v. Bates - 3/23/2001
2:00 p.m.
TO BE PUBLISHED
ORIGINAL ACTION REGARDING GRANT CIRCUIT COURT
OPINION AND ORDER GRANTING CR 76.36 RELIEF
Petitioner, Richard S. Sexton (Sexton) has filed a petition for writ of prohibition. The real...
Murphy v. Second Street Corp. - 3/23/2001
2:00 p.m.
TO BE PUBLISHED
OPINION AFFIRMING
Laura Murphy has appealed from a summary judgment entered by the Jefferson Circuit Court on November 15, 1999, that dismissed her personal injury action for damages suffered...
Wiseman v. Alliant Hospitals - 3/22/2001
RENDERED: NOVEMBER 22,2000
TO BE PUBLISHED
REVERSING
The Jefferson Circuit Court entered a summary judgment dismissing Appellant Deborah Wiseman's medical malpractice complaint on the grounds that, as a matter of law...
Ewing v. Jacobs - 3/16/2001
AFFIRMING
Kenneth Ewing appeals from an order of the Taylor Circuit Court dismissing his action against the Richard E. Jacobs Group, Inc. (Jacobs), an Ohio corporation, for lack of venue in Taylor County. Ewing's action arose...
Chambers v. Stengel - 3/15/2001
RENDERED: FEBRUARY 22, 2001
TO BE PUBLISHED
CERTIFICATION OF THE LAW
The Kentucky Constitution provides that the Supreme Court has the sole authority to regulate and discipline "members of the bar." see Ky. Const....
Boarman v. Commonwealth - 3/15/2001
REVERSING AND REMANDING IN PART AND AFFIRMING IN PART
Danny Boarman, (hereinafter "Decedent" or "Danny"), was driving over a bridge in Ohio County, Kentucky, on the evening of May 21, 1995, when his vehicle was side-swiped by a...
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