Kentucky Law Review

Lawsuits: "College student sues anonymous newspaper poster"

From Courier Journal:

College student sues anonymous newspaper poster

The anonymous post appeared online Aug. 13, 2008, under a Richmond Register story, headlined, "You can buy it at the mall, but you can't wear it there."

LOUISVILLE: COA upholds million dollar retaliation and discrimination claim against Louisville and Ron Bishop

From Bluegrass Politics Blog and Beth Musgrave:

Appeals court upholds ruling against Bishop

FRANKFORT — A three judge panel of the state Court of Appeals on Friday upheld a nearly $1 million retaliation and discrimination claim against the city of Louisville and Ron Bishop, who now heads the Fayette County jail. Bishop was director of the Jefferson County Metro Corrections in 1998, when Kelvin Brooks and Donna Martin filed a lawsuit against him and the city. Martin was the long-time human resources manager at the jail and was involved in the discipline of several officers who were accused of sexual harassment. Martin and Bishop disagreed on how those officers should be treated. Martin alleges that once she expressed concerns about the way the cases were handled, she was subjected to verbal abuse and other forms of harassment.

Here is the link to the full text of the decision at the COA:

LOUISVILLE-JEFFERSON COUNTY METRO GOVERNMENT ( ), ET AL.
VS.
BROOKS (KELVIN), ET AL.

OPINION AND ORDER AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
KELLER (PRESIDING JUDGE) DIXON (CONCURS) AND KNOPF (CONCURS)
2007-CA-001629-MR
2007-CA-001803-MR

NOT TO BE PUBLISHED

CIVIL CASES: "Fired court employee accuses justice of nepotism" Herald Leader

Brandon Ortiz at the Herald Leader has posted the following story  about a lawsuit filed which accuses Kentucky Supreme Court Justice Will T. Scott of unethically intervening to get his oldest son a promotion.

Fired court employee accuses justice of nepotism  from Herald Leader

A fired court system employee has filed a lawsuit accusing Justice Will T. Scott of unethically intervening to get his oldest son a promotion.

The former Administrative Office of the Courts employee, Ruth Ann Combs, claims she was fired in January so that Andrew H. Scott could have her job.

The lawsuit, filed against the AOC and "unknown agents" who participated in her firing, comes on the heels of an internal administrative appeal that found that Combs' claim had "no merit whatsoever."

The suit was filed Aug. 27 in Perry Circuit Court.

NOTE:  If anyone should have a copy of this complaint, please send to me at kylawblog(at)yahoo.com in PDF format and I will post.  

CIVIL CASES: "Fired court employee accuses justice of nepotism" Herald Leader

Brandon Ortiz at the Herald Leader has posted the following story  about a lawsuit filed which accuses Kentucky Supreme Court Justice Will T. Scott of unethically intervening to get his oldest son a promotion.

Fired court employee accuses justice of nepotism  from Herald Leader

A fired court system employee has filed a lawsuit accusing Justice Will T. Scott of unethically intervening to get his oldest son a promotion.

The former Administrative Office of the Courts employee, Ruth Ann Combs, claims she was fired in January so that Andrew H. Scott could have her job.

The lawsuit, filed against the AOC and "unknown agents" who participated in her firing, comes on the heels of an internal administrative appeal that found that Combs' claim had "no merit whatsoever."

The suit was filed Aug. 27 in Perry Circuit Court.

NOTE:  If anyone should have a copy of this complaint, please send to me at kylawblog(at)yahoo.com in PDF format and I will post.  

SUITS: "2007 triathlete files suit over biking accident"

Courier Journal story on lawsuit by man injured when running Oldham's Ironman Competition.

2007 triathlete files suit over biking accident
Oldham, others accused of failing to protect competitors

An Illinois man injured when his bike collided with a van in Oldham County during last year's Ford Ironman Louisville triathlon is suing Oldham Fiscal Court, the Police Department and others, claiming they didn't protect the bikers.

Thomas E. Murphy, 38, of O'Fallon, Ill., filed the lawsuit in Oldham Circuit Court Monday, the one-year anniversary.

Louisville attorney David C. Travis, who represents Murphy, said his client suffered five broken vertebrae and a head injury.

COURT CASES: "Judge Sets Trial Date for Six Flags Lawsuit "

A jury is scheduled to decide in early 2010 whether a Kentucky amusement park is liable for an accident that severed the feet of a 13-year-old girl. Jefferson Circuit Court Judge Barry Willett set the Jan. 5, 2010 trial date to allow attorneys to complete pretrial preparations and to decide whether to let additional plaintiffs to join the case against Six Flags Kentucky Kingdom. A Nov. 29, 2009 deadline has also been set for the parties mediate a settlement agreement.  Jason Riley, Louisville Courier Journal  07/31/2008

LAWSUITS: Suit filed in Ky Federal Court re "Crocs" footwear causing child's injuries on escalator

Lawsuit: Crocs to Blame for Girl's Injuries

A Kentucky woman filed a lawsuit Tuesday against the makers of Crocs footwear claiming that the popular shoes were the cause of injuries her daughter sustained while riding an escalator. According to the lawsuit, the escalator ripped the skin off the child's big toe and broke two other toes after her shoe became caught in the device. The lawsuit seeks $4 million in damages on behalf of the injured girl.  Rhonda Cook, Atlanta Journal-Constitution  07/02/2008

The allegations contained in a complaint reflect only one side of a lawsuit. No answer has been filed at this time.  Suit was filed on July  2, 2008.

• Click here for a copy of the Complaint filed in 3:2008cv00349

LAWSUITS: Widow of slain Clay City police chief sues city, suspect"

The following story reports on lawsuit filed following police chief's death in Powell County:

Widow of slain chief sues city, suspect

The widow of a slain central Kentucky police chief is suing a city and the man charged with killing him.

Ruth Lacy filed the suit in Powell Circuit Court this month against Clay City and James Barnett. Barnett, 37, is charged with murder in the death of Clay City Police Chief Randy Lacy in June 2007.

The suit accuses the city of negligence, claiming Randy Lacy was forced to work extended hours without pay or training. Barnett is accused in the suit of firing the fatal shots into Lacy's head.

Ruth Lacy is seeking unspecified damages.

Prosecutors are seeking the death penalty for Barnett.

JEFFERSON VERDICT: Jefferson Circuit Court Jury Awards $3.25 Million Dollars to Estate of Man who died in Car Fire

LOUISVILLE, KENTUCKY (March 17, 2008) – A Jefferson Circuit Court Jury awarded the Estate of Bernard Mulligan $3.25 million dollars for injuries suffered in a car fire resulting in Mr. Mulligan’s death.  The jury deliberated for three hours at the conclusion of a four-day trial presided over by Circuit Court Judge Martin McDonald.  The jury determined that Don’s Auto Clinic, which was an auto repair shop located on Greenwood Road in Louisville Kentucky, and its owner, Samuel Barrett were negligent in diagnosing, repairing, and inspecting Mr. Mulligan’s vehicle.

 

The evidence showed that Mr. Mulligan’s vehicle was towed to Don’s Auto Clinic on two separate occasions due to overheating.  The second time, Don’s Auto Clinic was told that wire insulation had melted.  Don’s Auto Clinic recommended that the engine be replaced and a rebuilt engine was installed in the vehicle.  Two days after Mr. Mulligan picked up his vehicle, he parked it and let the car idle for about 30 minutes.  While the car was idling, a fire erupted in the engine compartment, engulfing Mr. Mulligan in flames.  It was unclear why Mr. Mulligan could not get out of the vehicle.  There was testimony that he did suffer from diabetes and that he may have been incapacitated from the effects of diabetes, carbon monoxide or other reasons.  He suffered burns to over 45 % of his body including his head, face, neck, chest, hands, legs, and his airway.  En route to the hospital, Mr. Mulligan remained conscious and responded to commands; however, he suffered excruciating pain and paramedics could not administer pain medication.  He survived three days in the burn unit at University Hospital before he died.

      

            The jury awarded the following damages:

         

                        (a) Past medical expenses                                 $   102,019.65

                        (b) Funeral and Burial Expenses                          $     3,880.00

                        (c) Pain and suffering, mental & physical             $3,000,000.00

                        (e) Destruction of the power to

                              labor and earn money                                   $   150,000.00

                                    TOTAL                                                  $3,255,899.65

            

Mr. Mulligan was a 67-year-old butcher who worked at the Pic Pac in Louisville’s Portland neighborhood.  He was survived by 5 adult children and was represented at trial by H. Philip Grossman and Jennifer A. Moore of the Louisville law firm of Grossman & Moore PLLC. 

Grossman and Moore described this as a tragedy of enormous proportions, compounded for the family by the failure of the insurance company to settle this case within the policy limits before trial.

VERDICTS: $5.14 million dollar verdict in McCreary County in wrongful death case

AP Story from WAVE 3 reports that Gary Crabtree, a London attorney who represented the family obtained a $5.14 million dollar verdict from a wrongful death case in McCreary County.  [If anyone wishes to scan in PDF the actual jury instructions and verdict, I will post on the site for educational and informational purposes.]

Jury awards $5.14 million in fatal wreck with deputy

A southeastern Kentucky jury has awarded $5.14 million to a man whose wife and daughter were killed in a wreck with a sheriff's deputy.