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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Clark v. Airco Carbide - 11/22/1995
OPINION OF THE COURT BY JUSTICE WINTERSHEIMER
REVERSING IN PART AND AFFIRMING IN PART
This appeal is from a jury verdict in favor of the defendant, Hauck Manufacturing Company, in a products liability and wrongful death...
Blair v. Peabody Coal Co. - 11/3/1995
OPINION AFFIRMING
GUDGEL, JUDGE: This is an appeal from an order entered by the Union Circuit Court dismissing appellant's personal injury claim against appellee. Appellant contends that the trial court erred by failing to apply...
Campbell v. Sextet Mining Co. - 9/21/1995
OPINION OF THE COURT BY JUSTICE STUMBO
The sole issue before this Court is whether, in a worker's compensation claim, upon finding that a person is totally and permanently disabled from several separate injuries, an award of...
Pickard Chrysler Inc. v. Sizemore - 9/8/1995
SCHRODER, JUDGE: This is an appeal from a judgment awarding appellee $417,457.55 for damages caused by appellant's negligence in repairing appellee's automobile. After considering appellant's argument, the record and the applicable...
Kentucky Electric Steel v. May - 9/1/1995
OPINION REVERSING AND REMANDING
JOHNSON, JUDGE: Kentucky Electric Steel appeals from a jury verdict and order entered in the Boyd Circuit Court in favor of Ronald and Jennifer May. We reverse and remand for entry of judgment...
Gossage v. Roberts - 8/18/1995
AFFIRMING IN PART,
REVERSING AND REMANDING IN PART
JOHNSTONE, JUDGE. At issue is the propriety of the summary dismissal of appellant's medical malpractice claim stemming from alleged negligence in prescribing Prozac and...
Vanhook v. Winston - 8/18/1995
AFFIRMING
JOHNSON, JUDGE: Bonnie Lou VanHook (VanHook) appeals from a summary judgment entered by the Pulaski Circuit Court on June 6, 1994, dismissing a medical malpractice complaint against Bob Winston, M.D. (Winston). We...
Bentley v. Aero Energy Inc. - 7/28/1995
AFFIRMING.
JOHNSTONE, JUDGE. The question presented by this petition for review is whether the failure of the administrative law Judge (ALJ) to render a decision within the 90-day time frame prescribed in 803 KAR 25:011 ยง...
Copass v. Monroe County Medical Foundation Inc. - 6/30/1995
AFFIRMING
HOWERTON, JUDGE. This is an appeal of an order entered by the Jefferson Circuit Court on May 31, 1994, granting the motion of Monroe County Medical Foundation, Inc. and Kenneth R. Crabtree, M.D., to dismiss for...
Parents and Personal Representatives on Behalf of April Pennington v. Rocky Knob Associates Inc. - 6/9/1995
AFFIRMING
JOHNSON, JUDGE: Sharon Collins and Jewell Stambaugh appeal from a summary judgment entered in favor of Rocky Knob Associates, Inc., by the Johnson Circuit Court. We affirm.
This is a wrongful death case. The...
Kentucky Bar Association v. Howard - 6/8/1995
OPINION AND ORDER
The Board of Governors of the Kentucky Bar Association has found Vickie L. Howard of Salyersville guilty of one count of unethical and unprofessional conduct for her failure to prosecute with due diligence a...
Peabody Coal Co. v. Flener - 2/17/1995
AFFIRMING
HOWERTON, JUDGE. This is a second appeal by Peabody Coal Company. The case began on July 25, 1988, after the Administrative Law Judge (ALJ) rendered his original award. The opinion and award determined that Billy...
Wyatt - 2/16/1995
OPINION OF THE COURT BY CHIEF JUSTICE STEPHENS
REVERSING
This case comes before this Court as an appeal of an original action in the Court of Appeals pursuant to CR 76.36(7). The primary issue we address is whether the...
Poole Truck Line Inc. v. Commonwealth of Kentucky - 2/10/1995
AFFIRMING
HOWERTON, JUDGE. This appeal involves a Board of Claims decision that was affirmed by the Fayette Circuit Court. Though it found that the Commonwealth had been negligent in designing a highway intersection, the Board...
In re Birkenshaw - 12/22/1994
CERTIFICATION OF THE LAW BY JUSTICE STUMBO
The United States Court of Appeals for the Sixth Circuit has requested certification pursuant to CR 76.37 of two (2) questions of law. The operative facts as set forth by the Sixth...
Heartland Health Care Center v. Maupin - 11/23/1994
Opinion OF THE COURT
The issue in these cases is when a work-related back or heart condition is automatically apportioned equally between the employer and the Special Fund pursuant to KRS 342.1202, shall another compensable...
Reffitt v. Hajjar - 9/2/1994
The appellant, Rebecca Reffitt, was taken to King's Daughters' Medical Center at about 5 o'clock on the morning of August 1, 1990, by her husband, Mark Reffitt, to deliver their first children, identical twin boys. Rebecca, a...
Whittaker v. Kennedy - 9/1/1994
Opinion OF THE COURT
This case concerns whether a worker who the Administrative Law Judge (ALJ) has determined is totally, occupationally disabled by a combination of injury and coal workers' pneumoconiosis may receive a...
Hammons v. Tremco Inc. - 9/1/1994
Opinion AND ORDER
The threshold issue raised by the employer in this workers' compensation case is whether the appeal in Hammons v. Tremco (94-SC-44-WC) should be dismissed pursuant to CR 25.01(1) because claimant died on...
Capital Holding Corp. v. Bailey - 3/24/1994
Opinion OF THE COURT BY JUSTICE LEIBSON
This case raises complex questions regarding when tort claims accrue for exposing the plaintiff to potentially harmful asbestos-related disease, and whether damages may be recovered when...
Shelter Insurance Co. v. Humana Health Plans Inc. - 3/11/1994
GUDGEL, JUDGE: This is an appeal from a judgment entered by the Jefferson Circuit Court. The court adJudged that appellee Humana Health Plans, Inc. (Humana), as the health insurance carrier for an uninsured motorist who was injured in...
Advance Aluminum Co. v. Leslie - 1/31/1994
Opinion OF THE COURT
In this workers' compensation case, the issue is whether KRS 342.730(3) authorizes the continuation of disability benefits to dependents of a deceased worker who died from causes unrelated to the...
Kentucky Harlan Coal Co. v. Holmes - 1/31/1994
Opinion OF THE COURT BY JUSTICE REYNOLDS
In two consolidated cases we address the issue of the constitutionality of KRS 342.732(1)(d) which declares:
If the administrative law Judge finds that an employee has...
Everley v. Wright - 12/22/1993
HOWERTON, JUDGE. Rose Everley's wrongful death suit was dismissed by the Ohio Circuit Court on the basis that, at the time of trial, Mrs. Everley had never been appointed the personal representative of her husband's estate and thus she...
R. J. Corman Railroad Construction v. Haddix - 11/24/1993
Opinion OF THE COURT
Claimant was injured while taking out a railroad crossing when he was struck from behind by a tamping machine. In his Form 101 application for adjustment of claim he indicated injuries to his right ribs,...
McCoy Elkhorn Coal Corp. v. Sullivan - 9/30/1993
Opinion OF THE COURT
This case concerns whether a worker may receive a permanent, total, occupational disability award due to injury concurrently with a retraining incentive benefit. KRS 342.730(1)(a); KRS 342.732(1)(a). ...
Accuride Corp. v. Donahoo - 9/30/1993
Opinion OF THE COURT
The claimant suffered a back injury on December 29, 1986, which formed the basis for this action. Claimant had suffered two previous back injuries in 1955 and 1985. Dr. Dominguez, claimant's treating...
Anderson v. National Security Fire and Casualty Co. - 7/30/1993
HOWERTON, JUDGE. Mary Virginia Anderson, mother of and appointed fiduciary for the estate of Ginger Anderson, appeals from two orders of the Jefferson Circuit Court. Ginger was one of six children, ages 9-14, who perished in a tragic...
Elkins v. Elkins - 6/4/1993
JOHNSON, JUDGE. This is an appeal by the husband, James C. Elkins, from a Decree of Dissolution entered in Madison Circuit Court. James raises three issues on his appeal: (1) whether the trial court erred in refusing to enforce a...
Robinson v. Newberg - 3/18/1993
Opinion OF THE COURT
The issue involved in this workers' compensation case is whether the survivors of a deceased worker who was receiving temporary total disability benefits at the time of his death from an unrelated cause are...
Coots v. Allstate Insurance Co. - 3/18/1993
Opinion OF THE COURT BY JUSTICE LEIBSON
These two cases, briefed separately, were argued on the same day and are decided in a single opinion because they involve common questions of law regarding further viability of an...
Altman v. Allen - 12/17/1992
Opinion OF THE COURT BY JUSTICE WINTERSHEIMER
This appeal is from a decision of the Court of Appeals which reversed the judgment of the circuit court in which the trial Judge refused to strike three jurors for cause who had...
Huddleston v. Hughes - 12/4/1992
HUDDLESTON, JUDGE. Steven Huddleston (a minor at the time this action was filed) and his mother Pearl (Huddleston) Lynch appeal from a summary judgment dismissing their personal injury action against the Most Reverend William A....
Smith v. McMillan - 11/19/1992
Opinion OF THE COURT BY JUSTICE LAMBERT
The issue presented is whether the Court of Appeals erred in affirming the trial court's order overruling appellant's motion for new trial on grounds of inadequacy of damages and...
Boykins v. Housing Authority - 11/19/1992
Opinion OF THE COURT BY CHIEF JUSTICE STEPHENS
The primary issue we decide on this appeal is whether an employer's firing of a terminable-at-will employee for filing suit against the employer, on a matter not related to the...
Jones v. Bituminous Casualty Corp. - 12/19/1991
Opinion OF THE COURT BY JUSTICE LEIBSON
REVERSING AND REMANDING
Bituminous Casualty Corporation, the respondent, filed a Declaration of Rights action in Knox Circuit Court seeking a judgment declaring it has "no...
Palmore v. Peabody Coal Co. - 11/8/1991
This appeal is from a judgment of the Muhlenberg Circuit Court affirming an opinion and award of the "old" Workers' Compensation Board. While employed by Peabody Coal Company, the appellee Leon Hulsey sustained a work-related injury to...
Polk v. American Casualty Co. - 9/26/1991
This appeal is from a decision of the Court of Appeals which affirmed the circuit court's award of prejudgment interest on a surety bond loss against the parents but did not award prejudgment interest against the bonding company. ...
Lovins v. Napier - 8/29/1991
This appeal is from a decision of the Court of Appeals which reversed a jury verdict in favor of Lovins and directed the circuit court to grant a judgment N.O.V. on behalf of Napier and Haddix in a personal injury case.
The...
Deemer v. Finger - 8/29/1991
The present review concerns a medical malpractice action which resulted in a jury verdict for the defendant.
The circuit court in which the case was tried had activated the videotape system to officially record the proceedings....
Jones v. Hanna - 8/16/1991
This is an appeal from a summary judgment which denied Appellant/Plaintiff Deborah Jones' claim for loss of personal property valued at $16,241.00 that was stored in a "mini-warehouse" owned by Appellee Ernie Hanna, d/b/a Econo-Self...
Halderman v. Sanderson Forklifts Co. - 5/10/1991
This is an appeal from the Scott Circuit Court's dismissal of the complaint against Sanderson Forklifts Company, Ltd. (Sanderson Forklifts). The trial court granted appellee's motion for summary judgment on the grounds that the court...
Kentucky Bar Association v. Mills - 5/9/1991
Order ADOPTING FINDINGS OF THE BOARD OF GOVERNORS
Respondent was charged by the Inquiry Tribunal with violating DR 5-103(B) for advancing money totaling $6400 to a personal injury client and her daughter.
Pursuant to SCR ...
Nucor Corp. v. General Electric Co. - 5/9/1991
This is a complex case with an even more complex history. On July 13, 1977, a warehouse roof at General Electric Company's Appliance Park in Louisville, Ky., partially collapsed causing substantial damage to the warehouse and numerous...
State Automobile Mutual Insurance Co. v. Empire Fire & Marine Insurance Co. - 5/9/1991
At issue in this case is whether appellant, State Automobile Mutual Insurance Company, may recover basic reparation benefits it paid its insured, Mrs. May, from appellee, Empire Fire & Marine Insurance Company, an insurance carrier...
Perkins v. Northeastern Log Homes - 5/9/1991
The U.S. District Court for the Western District of Kentucky has certified to the Kentucky Supreme Court the following Questions of Law at issue in the above-styled case:
"(1) whether KRS 413.135 violates Kentucky Constitution...
Beale v. Shepherd - 3/14/1991
In these three consolidated appeals, the claimants suffered an occupational injury and an occupational disease, each of which caused permanent disability. For each claimant the occupational injury and the last injurious exposure to...
Baylis v. Lourdes Hospital Inc. - 3/14/1991
In this medical negligence case, the issue is whether plaintiff's evidence of causation was sufficient to withstand defendants' motions for directed verdict. At the close of plaintiff's evidence in chief, defendants moved for directed...
Crenshaw v. Weinberg - 3/14/1991
This case involves applying KRS 304.39-230, the "Limitation of Actions" section of the Motor Vehicle Reparations Act ("MVRA"), to movant Crenshaw's tort liability claim. The Complaint alleges a rear-end collision on February 3, 1986,...
Kentucky Center for Arts Corp. v. Berns - 12/27/1990
In November, 1987, Hendrik J. Berns filed suit in Jefferson Circuit Court alleging he fell and sustained permanent injuries at the Kentucky Center for the Arts, 530 W. Main Street, Louisville, Kentucky, when a railing on the steps...
Brownies Creek Collieries v. Lingar - 8/24/1990
Brownies Creek Collieries appeals from an opinion of the Workers' Compensation Board, affirming in part and reversing in part the order of the administrative law judge. The Board concluded that the administrative law judge was correct...
Stratton v. Parker - 6/28/1990
In a personal injury action against joint tort-feasors in which one of them settled the claim before trial and the other went to trial, the question presented is whether the nonsettling defendant is entitled to credit on the judgment...
Glidewell v. Glidewell - 5/25/1990
The appellant appeals from a judgment of the Clinton Circuit Court in which property acquired during the appellant's cohabitation with the appellee were divided equally between the parties.
The appellant, Otis Howard Glidewell,...
Loomer v. Rittinger - 5/4/1990
Order
The Court having considered the Petition for Rehearing and the Response thereto, and being sufficiently advised, it is ORDERED that the same is hereby GRANTED. It is further ORDERED that the opinion rendered December 22,...
Maney v. Mary Chiles Hospital - 3/15/1990
Opinion OF THE COURT BY JUSTICE LAMBERT
This Court granted discretionary review to consider the Court of Appeals' en banc opinion and order dismissing this cause for failure of the appellant to give notice to the Attorney...
Kentucky Bar Association v. Crenshaw - 12/21/1989
Opinion AND ORDER
Robert F. Stephens, Chief Justice
Following a complaint and investigation, the Kentucky Bar Association charged Jesse C. Crenshaw, an attorney, with neglecting a legal matter which had been entrusted to...
Palmore v. France - 12/8/1989
REYNOLDS, JUDGE.
This is an appeal from Martin Circuit Court judgment which affirmed an opinion and award of the Workers' Compensation Board.
This record arises from the consolidated workers' compensation claims of Mr....
Bickel-Gibson Associates Architects Inc. v. Insurance Co. - 6/9/1989
CLAYTON, JUDGE. This case is before the Court of Appeals as the result of a Jefferson Circuit Court order denying Bickel-Gibson Associates Architects, Inc. leave to file a cross-claim against the Insurance Co. of North America d/b/a...
Kentucky Bar Association v. Darnall - 6/8/1989
Opinion AND ORDER
ROBERT F. STEPHENS, CHIEF JUSTICE
Respondent, Danny E. Darnall, settled a personal injury claim for an eleven-year old boy. The boy, Charlie Ammons, recovered $49,180 after fees and expenses. With...
Sweasy v. King's Daughters Memorial Hospital - 6/8/1989
Opinion OF THE COURT BY JUSTICE LEIBSON
This is a medical negligence case. After surgery, Forrest T. Sweasy developed an infection resulting in a leg amputation. Dr. O. M. Patrick, the operating surgeon, enjoyed staff...
Palmore v. Jones - 5/4/1989
Opinion OF THE COURT
REYNOLDS, JUDGE.
In deciding this case, we adopt the Court of Appeals opinion as the opinion of this Court.
"This is an appeal from the judgment of Pike Circuit Court which remanded this case to...
Conley v. American Motors Corp. - 3/10/1989
BEFORE: McDONALD and WEST, Judges, and WHITE, Special Judge.
McDONALD, JUDGE. This is an appeal from a summary judgment which dismissed Fred and Jacklyn Conley's complaint against the appellees, American Motors Corporation, Jeep...
Edward F. Heimbrock Co. v. Marine Sales and Service Inc. - 3/3/1989
MILLER, JUDGE. This is an appeal from an Order of the Jefferson Circuit Court dismissing appellant's action for failure to state a claim. Kentucky Rules of Civil Procedure (CR) 12.02(f).
The facts are these: Gary T. Hubbuch was...
Davenport v. Ephraim McDowell Memorial Hospital Inc. - 12/22/1988
COMBS, JUDGE. This appeal is from the Boyle Circuit Court where a jury returned a verdict in favor of appellees, Ephraim McDowell Memorial Hospital (Hospital), Dr. Bill Barnett, Bill Barnett P.S.C., and Danville Anesthesia Associates,...
Kentucky Commission on Human Rights v. City of Owensboro and Daviess County - 3/3/1988
Opinion OF THE COURT BY CHIEF JUSTICE STEPHENS
The issue to be decided by this appeal is what statute of limitations is applicable to awards of back pay for actions brought under the Kentucky Civil Rights Act, KRS 344.230. We...
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