Ky. Decisions: Published Court of Appeals for Nov. 18, 2005

MINUTES for Nov. 18, 2005

PUBLISHED DECISIONS OF KENTUCKY COURT OF APPEALS FOR 11/18/2005

BROZOWSKI V. JOHNSON, M.D.
APPEALS - Not timely filed (substantial compliance with SCR 3.030(2) does not compel different result)
2004-CA-000256
PUBLISHED
AFFIRMING
JUDGE: VANMETER
Date: 11/18/2005

Denial of Rule 60.02 relief is appealable.

MAGGARD V. BOARD OF EXAMINERS OF PYSCHOLOGY
ADMINISTRATIVE LAW - Trier of fact may consider all the evidence and chose which it believes
2004-CA-000363
PUBLISHED
AFFIRMING
JUDGE:VANMETER
Date: 11/18/2005

An administrative agency's trier of fact may consider all of the evidence and then choose that evidence which it believes.  The fact that inconsistent conclusions may be drawn from the evidence does not prevent the agency’s findings from being supported by substantial evidence.

UNIVERSITY OF LOUISVILLE V. RAM ENGINEERING & CONSTRUCTION
DAMAGES - Prejudgment Interest
2004-CA-001752
PUBLISHED
AFFIRMING
JUDGE:SCHRODER
Date: 11/18/2005

CA affirms award of prejudgment interest against UofL on the grounds that statute waives sovereign immunity in contract actions against the state, with the only limitation being a cap on total damages of twice the original contract price.

Thanks to Scott Byrd, Patrick Bouldin,  Reed Ennis, John Hamlett, Cherry Henault, Sam Hinkle, Suzan J. Hixon, Chad Kessinger,  Stephen Keller,  Michelle Eisenmenger Mapes , Peter Naake,  Paul C. O'Bryan, Bryan Pierce, Richard Schiller, Paul Schurman, and James Worthington for their efforts in digesting Kentucky's appellate decisions.