ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: January 22, 2010

WEDNESDAY, MARCH 10, 2010

9:00 a.m. LOUISVILLE GAS AND ELECTRIC COMPANY, ET AL. V. HARDIN & MEADE COUNTY PROPERTY OWNERS FOR CO-LOCATION, ET AL. (2008-SC-348-DG) AND KENTUCKY PUBLIC SERVICE COMMISSION V. HARDIN & MEADE COUNTY PROPERTY OWNERS FOR CO-LOCATION, ET AL. (2008-SC-354-DG)
"Public Utilities. Civil Procedure. Issues include requirements for enlargement of ten-day time period for designation of record under KRS 278 .420."
Discretionary Review granted 4/15/2009
Franklin Circuit Court, Judge Thomas D. Wingate
For Movants: Sheryl G. Snyder, Robert M. Watt III, Allyson Kay Sturgeon, Griffin Terry Sumner, John Gregory Cornett and David T. Royse
For Respondents: W. Henry Graddy IV, Robert Withers Griffith, Randal Alan Strobo, Helen C. Helton, Gerald Edward Wuetcher, Richard W. Bertelson III and David Shawn Samford
(Rescheduled from January 13, 2010)

10:00 a.m. COMMONWEALTH OF KENTUCKY V. NABRYAN MARSHALL
(2008-SC-894-DG)
"Criminal Law. Search and Seizure. Due Process. The issue is whether prior to arrest, subsequent to a Terry pat down, a police officer can partially remove a defendant's pants and underwear to retrieve what he believes are drugs ."
Discretionary Review granted 2/11/2009
Fayette Circuit Court, Judge Kimberly N. Bunnell
For Movant: Gregory C. Fuchs
For Respondent: Linda Roberts Horsman

11:00 a.m. THE PUBLIC SERVICE COMMISSION OF KENTUCKY V. COMMONWEALTH OF KENTUCKY, ET AL. (2008-SC-483-DG) AND THE UNION LIGHT, HEAT AND POWER COMPANY, N/K/A DUKE ENERGY KENTUCKY, INC. V. COMMONWEALTH OF KENTUCKY, ET AL. (2008-SC-489-DG)
"Utilities. Public Service Commission. Tariffs. Issues include whether economic-development riders to utility's rate schedule are lawful under KRS 278 .170 and KRS 278 .030."
Discretionary Review granted 4/15/2009
Franklin Circuit Court, Judge William L. Graham
For Ky. Public Service Commission: Richard G. Raff, Gerald Edward Wuetcher and David Shawn Samford
For Union Light, Heat and Power Co.: M. Holliday Hopkins, Sheryl G. Snyder and Jason Patrick Renzelmann
For Commonwealth of Kentucky: David Edward Spenard

THURSDAY, MARCH 11, 2010

9:00 a.m. KENTUCKY RIVER MEDICAL CENTER, ET AL. V. MCINTOSH
(2008-SC-464-DG)
"Open and Obvious Doctrine. Slip and Fall. The issue is whether a hospital is liable for injuries to a paramedic who tripped over an unpainted curb while transporting a patient into the hospital."
Discretionary Review granted 4/15/2009
Breathitt Circuit Court, Judge Frank A. Fletcher
For Movants: Martin Allen Arnett, William P. Swain and Denis Carl Wiggins
For Respondent: Christopher W. Goode

10:00 a.m. STAR V. COMMONWEALTH OF KENTUCKY (2008-SC-203-MR)
"Guilty but mentally ill-Murder-two counts, kidnapping, first degree assault-30 years."
Johnson Circuit Court, Judge John David Preston
For Movant: Emily Holt Rhorer
For Respondent: Susan Roncarti Lenz

11:00 a.m. BRYANT V. PULASKI COUNTY DETENTION CENTER, ET AL.
(2009-SC-36-DG)
"Qualified Official Immunity. Issues include whether a governmental employee may assert qualified immunity in a lawsuit brought by a prisoner, where the prisoner was physically injured by the governmental employee's acts of "horseplay" or teasing of the prisoner while supervising him on work release detail."
Discretionary Review granted 5/13/2009
Pulaski Circuit Court, Judge Heffrey Thomas Burdette
For Movant: E. Austin Price and Robert Eugene Norfleet
For Respondents: Bryan Howard Beauman and Justin Matthew Schaefer

FRIDAY, MARCH 12, 2010

9:00 a.m. RACING INVESTMENT FUND 2000, LLC V. CLAY WARD AGENCY, INC.
(2009-SC-007-DG)
"Contempt. Limited Liability Companies. Satisfaction of Judgment. Issues include the trial court's authority to use its contempt power to compel satisfaction of a judgment against an L .L .C ., forcing the L .L.C.'s to make a capital call for the amount of the judgment per the Operating Agreement executed by the L.L .C . members."
Discretionary Review granted 5/13/2009
Fayette Circuit Court, Judge Mary C. Noble
For Movant: Joe Francis Childers, Jr., Richard A. Getty and Jessica K. Case
For Respondent: James Burke Cooper and Hanly Acton Ingram
(Note: Justice Noble is recused)

10:00 a.m. COMMONWEALTH OF KENTUCKY V. COMBS (2009-SC-143-DG)
"Criminal Law. Complicity. Variance. Can the jury convict a defendant as a principal where the indictment only charges the defendant with complicity?"
Discretionary Review granted 6/17/2009
Breathitt Circuit Court, Judge Frank A. Fletcher
For Movant: James Coleman Shackelford
For Respondent: F. J. Anderson and Barbara Anderson

11:00 a.m. CROMWELL LOUISVILLE ASSOCIATES, LIMITED PARTNERSHIP V. COMMONWEALTH OF KENTUCKY, JEFFERSON COUNTY PROPERTY VALUATION ADMINISTRATOR (2008-SC-644-DG)
"Property Taxes. Administrative Law. The issue is whether the taxpayer loses the right to a refund if he fails to appeal a Property Valuation Administration assessment by failing to conference with PVA during the 13 day inspection period held during the same tax year."
Discretionary Review granted 5/13/2009
Jefferson Circuit Court, Judge Mitch Perry
For Movant: Thomas J. Luber, Mitzi Denise Wyrick and Sara Christine Veeneman
For Respondent: Lawrence E. Osterhage
(Note: Justice Abramson is recused)