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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Bogan v. Altman & McGuire - 3/2/2001
TO BE PUBLISHED
MODIFIED: June 22, 2001
OPINION AFFIRMING IN 1999-CA-000468-MR AND 1999-CA-000563-MR AFFIRMING IN PART, REVERSING IN PART AND REMANDING IN 1999-CA-000212-MR
The consolidated appeals before us involve...
Coulter v. Thomas - 12/21/2000
AMENDED: December 29, 2000
TO BE PUBLISHED
REVERSING AND REMANDING
We granted discretionary review in this personal injury case to determine what is required to effectively revoke consent to a medical procedure in...
Klapheke v. Kentucky Bar Association - 12/4/2000
RENDERED: NOVEMBER 22,2000
TO BE PUBLISHED
OPINION AND ORDER
Movant, William Klapheke, II, of Glasgow, Kentucky, was admitted to the practice of law in April 1973. He now moves for the termination of disciplinary...
Floyd Schanz Plumbing v. Evans - 11/22/2000
10:00 a.m.
NOT TO BE PUBLISHED
Commonwealth Of Kentucky Court Of Appeals
OPINION AFFIRMING
This is an appeal by Floyd Schanz Plumbing from an opinion of the Workers' Compensation Board which affirmed an award of...
Whittaker v. Reeder - 11/22/2000
RENDERED: AUGUST 24, 2000
TO BE PUBLISHED
WITHDRAWN: NOVEMBER 22, 2000
OPINION OF THE COURT
AFFIRMING
This appeal concerns whether, when considering an appeal following a reopening, the "new" Workers'...
Lykins v. Lykins - 11/17/2000
2:00 p.m.
TO BE PUBLISHED
Commonwealth Of Kentucky Court Of Appeals
OPINION AFFIRMING
These are the consolidated appeals of Ronald Lee Lykins from an order of the Fayette Circuit Court entered on December 11,...
Smith v. Vilvarajah - 11/17/2000
2:00 p.m.
TO BE PUBLISHED
Commonwealth Of Kentucky Court Of Appeals
OPINION AFFIRMING
This is an appeal from a judgment by the Simpson Circuit Court dismissing a complaint seeking recovery for loss of parental...
Wentworth v. Capital Assignment Corp. - 11/9/2000
TO BE PUBLISHED
Commonwealth Of Kentucky Court Of Appeals
OPINION AFFIRMING
J.G. Wentworth, S.S.C., Limited Partnership, has appealed from an opinion and order entered by the Muhlenberg Circuit Court on September 28,...
Turner v. Newport Board of Education - 9/22/2000
AFFIRMING
The Turners appeal the decision of the Campbell Circuit Court dismissing their personal injury action against the Newport Board of Education and its teacher, Brian Gecina, based on the doctrine of sovereign immunity....
Davidson v. American Freightways - 9/14/2000
RENDERED: AUGUST 24,2000
TO BE PUBLISHED
AFFIRMING
On May 18, 1994, two tractor-trailer rigs, one owned by Appellee American Freightways, Inc. (AFI) and operated by its employee, William C. Jackson, and the other...
Whittaker v. Byard - 9/14/2000
RENDERED: AUGUST 24,2000
TO BE PUBLISHED
OPINION OF THE COURT
AFFIRMING
This workers' compensation appeal concerns a matter of first impression: whether a claim against the Special Fund was barred by the...
Commonwealth v. Hearn - 9/1/2000
REVERSING AND REMANDING
In May 1999, the appellees, James and Patricia Hearn, pled guilty to thirteen counts of felony theft. They admitted having converted to their own use more than $300,000.00 that had been entrusted to...
Carroll v. Owens-Corning Fiberglas Corp. - 8/24/2000
MODIFIED: MARCH 22, 2001 Said modification does not affect the hoiding of the opinion as originally rendered.
MODIFIED: AUGUST 24, 2000 Said modifications do not affect the holding.
TO BE PUBLISHED
CERTIFICATION OF...
Whittaker v. Hardin - 8/24/2000
MODIFIED: DECEMBER 21,2000
AFFIRMING
This appeal is from an opinion of the Court of Appeals reversing and remanding an opinion of the Workers' Compensation Board which affirmed an opinion and award of an Administrative Law...
Whittake v. Fleming - 8/24/2000
RENDERED: MAY 18, 2000
OPINION OF THE COURT
REVERSING AND REMANDING
This workers' compensation appeal is a sequel to Flemina v. Windchy, Ky., 953 S.W.2d 604 (1997) wherein the worker was rendered totally disabled by...
Vitale v. Henchey - 8/24/2000
RENDERED: APRIL 20, 2000
TO BE PUBLISHED
AFFIRMING
I. ISSUES
These combined appeals present two primary issues.
Henchey, Sallee's Administrator, introduced proof at trial that Dr. Vitale operated on Sallee...
Adkins v. R&S;Body Co. - 8/18/2000
AFFIRMING
Gregory Adkins petitions for our review of an opinion of the Workers' Compensation Board (Board) which affirmed an opinion by an administrative law judge (ALJ) awarding Adkins benefits for a permanent partial...
Kiah Creek Mining v. Stewart - 8/18/2000
10:00 a.m.
TO BE PUBLISHED
Commonwealth Of Kentucky
OPINION AND ORDER
AFFIRMING IN 1999-CA-002239-WC & DISMISSING IN 1999-CA-002023-WC
Allen Keith Stewart, and his employer, Kiah Creek Mining, seek our...
Earle v. Cobb - 8/18/2000
AFFIRMING
Bonita Earle appeals and Alice Cobb cross-appeals from a judgment of the Muhlenberg Circuit Court entered as the result of a jury verdict in an automobile accident case. The main issue in this case involves the proper...
Owensboro Mercy Health System v. Payne - 8/16/2000
RENDERED: December 10, 1999; 2:00 p.m.
ORDERED PUBLISHED BY THE KENTUCKY SUPREME COURT August 16, 2000 (1999-SC-001167)
OPINION AFFIRMING
This is a medical malpractice action brought by Robert Payne and his...
Meredith v. Jefferson County Property Valuation Administrator - 6/8/2000
RENDERED: MAY 18,2000
TO BE PUBLISHED
OPINION OF THE COURT
REVERSING AND REMANDING
This workers' compensation appeal concerns whether an injury which was sustained by a field representative of the Kentucky...
Appalachian Steel Construction - 6/2/2000
RENDERED: May 26, 2000; 10:00 a.m. TO BE PUBLISHED
Commonwealth Of Kentucky Court Of Appeals
OPINION AFFIRMING
The simple issue to be resolved in this appeal is whether the Workers' Compensation Board erred in...
Appalachian Steel Construction - 5/26/2000
TO BE PUBLISHED
OPINION AFFIRMING
The simple issue to be resolved in this appeal is whether the Workers' Compensation Board erred in affirming a dismissal by the Administrative Law Judge (ALJ) of an attempt to seek review...
McFall v. Peace - 5/18/2000
RENDERED: FEBRUARY 24,2000
TO BE PUBLISHED
AFFIRMING IN PART, REVERSING IN PART, AND REMANDING WITH DIRECTIONS
Pursuant to a jury verdict, the trial court entered judgment in favor of Appellees, Our Lady of Peace...
Stevenson v. Anthem Casualty Insurance Group - 5/18/2000
RENDERED: JUNE 17, 1999
TO BE PUBLISHED
95-CI-549
AFFIRMING IN PART AND REVERSING IN PART
Katina Stevenson was injured in a single-vehicle accident while riding as a passenger in a 1994 Ford Ranger pickup truck...
Reed v. Daley - 5/12/2000
RENDERED: MAY 12, 2000; 10:00 a.m.
TO BE PUBLISHED
Commonwealth Of Kentucky Court Of Appeals
OPINION REVERSING AND REMANDING
This is an opinion reversing and remanding the circuit court's decision limiting the...
Rue v. Kentucky Retirement Systems - 5/12/2000
RENDERED: MAY 12, 2000; 10:00 a.m.
TO BE PUBLISHED
Commonwealth Of Kentucky Court Of Appeals
OPINION AFFIRMING
The sole question in this appeal is whether the Kentucky Retirement Systems correctly calculated the...
Hawkins v. Rosenbloom - 5/10/2000
AFFIRMING IN PART - REVERSING IN PART AND REMANDING
This is an appeal by Robert A. Hawkins and Yvonne Hawkins (Hawkinses) from a judgment order, pursuant to a jury verdict of the Jefferson Circuit Court, which entered judgment...
Kentucky Bar Association v. Mussler - 5/1/2000
TO BE PUBLISHED
OPINION AND ORDER
Respondent, Theodore L. Mussler, Jr., of Jefferson County, was admitted to the practice of law in the Commonwealth of Kentucky on April 15, 1968.
On June 19, 1999, the Inquiry...
Smith v. Cardinal Construction Co. - 3/23/2000
TO BE PUBLISHED
OPINION OF THE COURT
REVERSING AND REMANDING
This workers' compensation appeal concerns whether the Administrative Law Judge (ALJ) erred in determining that claimant failed to give his employer timely...
Kentucky Insurance Guaranty Association v. Jeffers - 3/23/2000
TO BE PUBLISHED
KENTUCKY ACADEMY OF TRIAL ATTORNEYS AMICUS CURIAE
AFFIRMING
The sole issue before this Court is whether a Legislative provision amending the Kentucky Insurance Guaranty Association Act, KRS 304.36-010...
James v. Kentucky Bar Association - 3/23/2000
TO BE PUBLISHED
OPINION AND ORDER
Michael L. James of Louisville, Kentucky, moves this Court, pursuant to SCR 3.480(3), for an order suspending him from the practice of law in Kentucky for a period of one year from the date...
Inquiry Commission v. Lococo - 2/24/2000
TO BE PUBLISHED
As amended: March 6, 2000
OPINION AND ORDER
The Inquiry Commission, pursuant to SCR 3.165, petitioned this Court on May 12, 1999, to issue an order temporarily suspending Alecia Lococo of Hazard from...
Lambert v. Franklin Real Estate Co. - 2/18/2000
AFFIRMING IN PART, REVERSING IN PART AND REMANDING
This is a case in which American Electric Power Company, Inc., American Electric Power Service Corporation, Franklin Real Estate Company and Vanceburg Utilities Commission are...
Scalf v. Kentucky Bar Association - 2/6/2000
OPINION AND ORDER
William M. Scalf, who was admitted to the practice of law in Kentucky in 1967, and whose last known address was Corbin, Kentucky, moves this Court pursuant to SCR 3.480(3) to enter an order permitting him to...
Smith v. Wal-Mart Stores - 12/16/1999
Released for Publication January 6, 2000.
Johnstone and Keller, JJ., concur. Cooper, J., concurs by separate opinion, in which Lambert, C.J., and Graves, J., join. Wintersheimer, J., dissents by separate opinion.
REVERSING ...
DeStock #14 - 6/17/1999
TO BE PUBLISHED
AFFIRMING AND REMANDING
While stopped at a red light, an automobile operated by Christopher Reid and occupied by Heather Alvey was struck in the rear by an automobile operated by James Logsdon. The collision...
Dircksen v. Owens-Corning Fiberglass Corp. - 6/11/1999
TO BE PUBLISHED
Commonwealth Of Kentucky Court Of Appeals
OPINION AFFIRMING
Francis Dircksen and Ann Dircksen filed a products liability action against several defendants, including Owens-Corning Fiberglass...
Mine 25 Corp. v. Fleming - 5/28/1999
THE COURT OF APPEALS OF THE STATE OF KENTUCKY
TO BE PUBLISHED
OPINION REVERSING AND REMANDING
In their petition for review of a decision of the Workers' Compensation Board (Board), appellants argue the Board exceeded...
Geyer v. Mankin - 12/18/1998
RENDERED: December 18, 1998; 10:00 a.m.
TO BE PUBLISHED
Commonwealth Of Kentucky Court Of Appeals
OPINION REVERSING AND REMANDING
Doris S. Geyer (Geyer) appeals from a judgment of the Boyd Circuit Court...
Lookofsky v. Kentucky Bar Association - 12/17/1998
JOSEPH E. LAMBERT, CHIEF JUSTICE. All concur.
OPINION AND ORDER
Movant, Ben J. Lookofsky, desires to terminate Kentucky Bar Association ("KBA") proceedings against him by consenting to a suspension from the practice of law...
Davidson v. American Freightways Inc. - 6/19/1998
TO BE PUBLISHED
APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE JAMES M. SHAKE, JUDGE ACTION NO. 96-CI-3374
OPINION AFFIRMING
Joseph and Thomas Davidson appeal a summary judgment dismissing their bad faith action...
Sholler v. Commonwealth of Kentucky - 6/18/1998
OPINION OF THE COURT BY JUSTICE COOPER
AFFIRMING
Appellant was convicted in the Kenton Circuit Court of two counts of robbery in the first degree, two counts of rape in the first degree, two counts of sodomy in the first...
Craft v. Kentucky Bar Association - 6/18/1998
OPINION AND ORDER
James Wiley Craft, of Whitesburg, moves for the termination of this Kentucky Bar Association (KBA) disciplinary proceeding against him by resigning under terms of disbarment pursuant to SCR 3.480(3). The KBA...
Owens-Corning Fiberglas Corporation v. Golightly - 6/18/1998
Bankr. L. Rep. (CCH) P15,292
AFFIRMING
A McCracken Circuit Court jury returned verdicts in this products liability action in favor of Appellee Carl Golightly against Appellant Owens-Corning Fiberglas Corporation (OCF) in...
Commonwealth - 12/18/1997
Lambert, J., concurred in result only and filed concurring opinion.
Stumbo, J., filed dissenting opinion.
This is a review of a Court of Appeals decision which reversed an order of the Floyd Circuit Court dismissing Kenneth...
Kovacs v. Freeman - 12/18/1997
The issue in this case concerns the extent of authority granted by a hospital consent form to a surgeon who was not listed in the form. The Pulaski Circuit Court entered a judgment based on a jury verdict in favor of Dennis Lane, M.D....
Stringer v. Commonwelath - 11/20/1997
Graves, Johnstone and Wintersheimer, JJ., concur. Stephens, C.J., concurs by separate opinion. Lambert, J., concurs in result only by separate opinion, with Stephens, C.J., joining that concurring in result only opinion. Stumbo, J.,...
Saxe v. State Farm Mut. Auto. Ins. Co. - 11/7/1997
AFFIRMING IN PART, REVERSING AND REMANDING IN PART
The primary issue in this appeal is whether the trial judge erred in excluding from an award of damages in a motor vehicle accident case items which were paid or payable under...
Motorists Mutual Insurance Co. v. Glass - 10/30/1997
OPINION OF THE COURT BY JUSTICE COOPER
REVERSING
On May 13, 1988, Jeffrey Glass was injured while riding as a passenger in a vehicle owned by him and driven with his permission by Stephen Shelburne. Jeffrey was insured by...
Dallas Dean Inc. v. Dallas Dean Inc. - 9/26/1997
AFFIRMING
SCHRODER, JUDGE: This workers' compensation case centers around a December 1990 injury to a Kentucky resident who was working and injured in Tennessee. The issues to be addressed are whether the claim was time barred;...
Milby v. Wright - 9/4/1997
OPINION OF THE COURT BY JUSTICE STUMBO
AFFIRMING
This appeal questions the Court of Appeals' decision that held a personal injury suit was time barred by the two-year statute of limitations contained in KRS 304.39-230(6),...
Franklin County v. Malone - 9/4/1997
OPINION OF THE COURT BY JUSTICE WINTERSHEIMER
REVERSING
This appeal is from a decision of the Court of Appeals which reversed a summary judgment of the circuit court which dismissed all defendants in a wrongful death suit...
Addington Resources Inc. v. Perkins - 6/20/1997
AFFIRMING
JOHNSON, JUDGE: Addington Resources, Inc. (Addington) petitions for review of the decision of the Kentucky Workers' Compensation Board (Board), rendered on September 20, 1996, that affirmed the Administrative Law...
McKinney v. Heisel - 6/19/1997
OPINION OF THE COURT BY JUSTICE LAMBERT
REVERSING
The issue presented is whether it was error to define the word "permanent" in jury instructions which required an affirmative or negative finding of "permanent injury within...
Giuliani v. Guiler - 6/19/1997
OPINION OF THE COURT BY JUSTICE WINTERSHEIMER
REVERSING
This appeal is from a decision of the Court of Appeals which affirmed the circuit court judgment denying the four minor children of Mary K. Giuliani, deceased, who...
Niehoff v. Surgidev Corp. - 6/19/1997
OPINION OF THE COURT BY JUSTICE WINTERSHEIMER
REVERSING AND REMANDING
This appeal is from a decision of the Court of Appeals which affirmed a summary judgment by the circuit court determining that the claim for compensatory...
State v. Kentucky Insurance Guaranty Association - 5/30/1997
AFFIRMING
ABRAMSON, JUDGE: This appeal raises several novel issues regarding the application of the seven-year limitations provision contained in KRS 413.220(3) to claims against the Kentucky Insurance Guaranty Association...
Benson''s v. Fields - 3/27/1997
OPINION OF THE COURT
REVERSING
This appeal by an employer concerns whether KRS 342.1202(2), the 1994 amendment to KRS 342.1202, was remedial in nature and may be applied retroactively to a claim which arose before its...
Spurlin v. Adkins - 3/27/1997
OPINION OF THE COURT
AFFIRMING
Claimant was determined to be 80% occupationally disabled due to a work-related back injury which occurred on March 28, 1993. Previously, he had undergone back surgery subsequent to a 1986...
Withers v. University of Kentucky - 2/27/1997
OPINION OF THE COURT BY JUSTICE LAMBERT
AFFIRMING
We are confronted again with the issue of sovereign immunity, a doctrine of law created by Section 231 of the Constitution of Kentucky. For decades this Court has struggled...
Wallace v. Leedhanachoke - 12/6/1996
OPINION AFFIRMING
COMBS, JUDGE: Barbara Lou Wallace and Ravene Wallace appeal from a judgment based on a jury verdict rendered in favor of Dr. Oon Leedhanachoke in a medical malpractice action. Appellants alleged that Dr....
Toyota Motor Manufacturing v. Epperson - 11/21/1996
OPINION OF THE COURT BY JUSTICE STUMBO
AFFIRMING
Toyota Motor Manufacturing, U.S.A., Inc. (hereinafter "Toyota"), sought and was granted discretionary review of the decision of the Court Appeals in this employment...
Continental Marine Inc. v. Bayliner Marine Corp. - 9/27/1996
AFFIRMING
KNOPF, JUDGE: Continental Marine, Inc., who was a defendant in an automobile accident case, appeals from a trial court order that dismissed its claims for apportionment, contribution and indemnity against a third party...
Gould v. Charlton - 9/26/1996
OPINION OF THE COURT BY JUSTICE KING
REVERSING
This case presents two issues of profound importance: (1) what is the test to be applied by a trial court in determining whether a juror is disqualified from further jury...
Kentucky Bar Association v. Clay - 9/26/1996
OPINION AND ORDER
This cause having come before the Court for review wherein the Board of Governors of the Kentucky Bar Association adJudged the Respondent, James F. Clay, Jr., guilty of three counts of professional misconduct in...
Leanhart v. Humana - 9/26/1996
OPINION OF THE COURT BY SPECIAL JUSTICE THOMAS A. DONAN
REVERSING COURT OF APPEALS' ORDER
AND DENYING APPELLEES' PETITION FOR A WRIT OF PROHIBITION
This is an appeal as a matter of right from a Court of Appeals' Order...
Stidham v. Duncan - 9/6/1996
REVERSING AND REMANDING
SCHRODER, JUDGE. This is a petition for review of a decision of the Workers' Compensation Board (the Board) which affirmed an Administrative Law Judge's (ALJ) decision which found the claimant did not...
Munroe v. Kentucky Bar Association - 8/29/1996
OPINION AND ORDER
Kathy Lynn Munroe was suspended from the practice of law for a period of three months by order entered March 21, 1996. She has made a motion for an additional three-month suspension, consecutive to her previous...
Starnes v. Kentucky Bar Association - 6/20/1996
OPINION AND ORDER
Attorney H. Randall Starnes has moved pursuant to SCR 3.480(3) to resign from the Kentucky Bar Association under terms of disbarment in order to resolve five pending disciplinary charges/complaints (KBA Nos....
Windchy v. Fields - 5/24/1996
REVERSING AND REMANDING
MILLER, JUDGE: The Special Fund asks us to review an April 14, 1995, opinion of the Workers Compensation Board (board) affirming the September 5, 1994, determination of the Administrative Law Judge (ALJ)...
Martin County Coal Corp. v. Preece - 5/24/1996
OPINION AFFIRMING IN PART,
REVERSING IN PART and REMANDING
EMBERTON, JUDGE. Martin County Coal Corporation petitions this court for review of a decision of the Workers' Compensation Board rendered February 23, 1995. The...
Windchy v. Walters - 5/3/1996
REVERSING
JOHNSON, JUDGE: The Special Fund petitions for review of a decision of the Workers' Compensation Board (Board) which held that the two-year statute of limitations within Kentucky Revised Statutes (KRS) 342.185 did not...
Clark v. Foley L. Burden Jones Buick GMC Trucks Inc. - 3/21/1996
OPINION OF THE COURT BY JUSTICE LAMBERT
REVERSING AND REMANDING
With respect to compromise or settlement of a claim, final decision-making authority rests with the client. Kentucky Rules of Professional Conduct provide that...
Shortridge v. Rice - 3/15/1996
AFFIRMING IN PART,
REVERSING IN PART AND REMANDING
HUDDLESTON, JUDGE. This case involves a collision between two automobiles at a Prestonsburg, Kentucky, intersection. The drivers, Barbara Shortridge and Morris Rice, both...
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