ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: November 4, 2010

WEDNESDAY, DECEMBER 8, 2010

9:00 a.m. UNIVERSITY MEDICAL CENTER, INC., ETC. V. BEGLIN, ETC., ET AL. (2009-SC-289-DG) AND (CROSS-MOTION) BEGLIN, ETC., ET AL. V. UNIVERSITY MEDICAL CENTER, INC., ETC. (2009-SC-839-DG)
"Personal Injury. Jury Instructions. Missing evidence. Issues include propriety of giving spoliation instruction and other evidentiary and instructional rulings."
Discretionary Review granted 12/10/2009 AND 3/10/2010
Jefferson Circuit Court, Judge Denise Clayton
For Movant/Cross-Respondent: Robert Michael Connolly, Raymond G. Smith, Edward H. Stopher, Carol Dan Browning, Bethany A. Breetz, Matthew Bowman Gay, Lori S. Nugent and Josh M. Kantrow
For Respondents/Cross-Movants: Francis Thomas Conway and Chadwick Neal Gardner

10:00 a.m. LAPRADD V. COMMONWEALTH OF KENTUCKY (2009-SC-214-DG)
"Criminal Law. Jury Instructions. Justification. Choice of Evils. At issue is whether a finding of a lack of justification based upon choice of evils should be included in the instruction for the crime itself."
Discretionary Review granted 3/10/2010
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movant: Bruce P. Hackett
For Respondent: Joshua D. Farley

11:00 a.m. GIDDINGS & LEWIS, INC., ETC., ET AL. V. INDUSTRIAL RISK INSURERS, ETC., ET AL. (2009-SC-485-DG) AND (CROSS-MOTION) INDUSTRIAL RISK INSURERS, ETC., ET AL. V. GIDDINGS & LEWIS, INC., ETC., ET AL.
(2009-SC-825-DG)
"Products Liability. Negligence. Property Damages. Issues include whether Kentucky should adopt the Economic Loss Rule."
Discretionary Review granted 12/10/2009 and 3/10/2010
Graves Circuit Court, Judge Timothy C. Stark
For Movants/Cross-Respondents: John Lewis Tate, Jason Patrick Thomas and Jamie Kristin Neal
For Respondents/Cross-Movants: Richard C. Roberts, James J. Bigoness, Edward M. Kay and Kimberly A. Hartman

THURSDAY, DECEMBER 9, 2010
AND
FRIDAY, DECEMBER 10, 2010

NO ORAL ARGUMENTS