SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: August 2, 2010

WEDNESDAY, SEPTEMBER 15, 2010

9:00 a.m. CALHOUN ET AL. V. CSX TRANSPORTATION, INC., ET AL. (2009-SC-100-DG)
"Personal Injury. Negligence. Railroad Duty of Care. Extrahazardous Private Crossing. Issues include the proper standard for evaluating whether a crossing is extrahazardous and the general duties owed by railroads at private crossings."
Discretionary Review granted 11/18/2009
Bullitt Circuit Court, Judge Rodney D. Burress
For Movants: Kevin B. Sciantarelli
For Respondents: David R. Monohan, James Thomas Blaine Lewis, Evan M. Tager and Melanie W. Rughani

10:00 a.m. NASH, ET AL. V. CAMPBELL COUNTY FISCAL COURT, ET AL. (2009-SC-152-DG)
"Real Estate. Zoning. Agricultural Supremacy. Issues include the constitutionality of county ordinances attempting to regulate transfers of agricultural land in order to close perceived subdivision loopholes in KRS 100.203(4) and KRS 100.111(22)."
Discretionary Review granted 1/13/2010
Campbell Circuit Court, Judge Julie Reinhardt Ward
For Movants: Robert Edward Blau
For Respondents: Jeffrey C. Mando, Ralph Gary Winters and Michael P. Cussen

11:00 a.m. WELLS FARGO BANK, MINNESOTA, N.A. V. COMMONWEALTH OF KENTUCKY, FINANCE AND ADMINISTRATION, DEPT. OF REVENUE, ETC. (2008-SC-419-DG) AND CENTRAL BANK OF JEFFERSON COUNTY, INC., ETC. V. COMMONWEALTH OF KENTUCKY, FINANCE AND ADMINISTRATION, DEPT. OF REVENUE, ETC. (2008-SC-427-DG)
"Taxation. Liens. KRS 134.420. At issue is priority of tax liens"
Discretionary Review granted 1/13/2010
Bullitt Circuit Court, Judge Rodney D. Burress
Jefferson Circuit Court, Judge Lisabeth Hughes Abramson
For Wells Fargo Bank: John W. Wooldridge and David Eric Johnson
For Commonwealth of Ky.: Barbara Curtin Kenney
For Central Bank: Thomas Dupont Murphy II and Jennifer Hatcher
Note: Justice Lisabeth Hughes Abramson and Justice Mary C. Noble are recused.
Special Justices Lawrence L. Jones II and Robert L. Elliott sitting.

 

THURSDAY, SEPTEMBER 16, 2010

9:00 a.m. GILES V. COMMONWEALTH OF KENTUCKY (2009-SC-137-DG)
"Criminal Law. Expert Testimony. In this vehicular manslaughter case, issues include the propriety of expert testimony about the effect of blood alcohol level on a living person when the blood sample was drawn from the victim after death."
Discretionary Review granted 1/13/2010
McCracken Circuit Court, Judge Craig Z. Clymer
For Movant: V. Gene Lewter
For Respondent: Perry Thomas Ryan

10:00 a.m. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY V. SLUSHER, ETC. (2009-SC-513-DG)
"Insurance Coverage. UM/UIM Benefits. Workers Compensation. Exclusive Remedy. Issues include whether UM/UIM benefits are available where co-worker tortfeasor is immune from suit pursuant to workers' compensation exclusive remedy provision."
Discretionary Review granted 1/13/2010
Knox Circuit Court, Judge Roderick Messer
For Movant: John Fredrick Vincent
For Respondent: Samuel Girdner Davies

11:00 a.m. COOK V. POPPLEWELL, ETC., ET AL. (2009-SC-341-DG)
"Constitutional Law. Elections. Employment discrimination. Issues include whether a 1st or 14th Amendment liberty interest protects public employees from being fired for candidacy for public office and whether county officials sued officially are immune from § 1983 actions."
Discretionary Review granted 1/13/2010
Russell Circuit Court, Judge Vernon Miniard, Jr.
For Movant: James E. Keller, Joseph H. Miller and Huston Barrow Combs
For Respondent: Arden Winter Robertson Huff

 

FRIDAY, SEPTEMBER 17, 2010

9:00 a.m. BAILEY V. PRESERVE RURAL ROADS OF MADISON COUNTY, INC., ET AL. (2009-SC-417-DG)
"County Roads. KRS 178.116. Issues include respondents' standing to seek the resumption of county maintenance and removal of gates installed by movant where landowners who access their property via road discontinued as a county road have not petitioned jointly to close the road to public use."
Discretionary Review granted 3/10/2010
Madison Circuit Court, Judge Julia Hylton Adams
For Movant: David Michael Ward and Nanci Marian House
For Respondents: Jerry William Gilbert

10:00 a.m. HARRISON, ET AL. V. LEACH (2010-SC-018-DGE)
"Child Custody. Do nonparents with physical custody (but who are not "de facto custodians") of children have jurisdiction to petition for custody under the UCCJEA, KRS 403.800-.880, effective 7/13/04?"
Discretionary Review granted 5/12/2010
Estill Circuit Court, Judge Thomas P. Jones
For Movants: James Walter Baechtold
For Respondent: Kimberly Carter Blair

11:00 a.m. RICE V. RICE (2009-SC-730-DG)
"Family Law. Divorce. Division of Debt. At issue is proper allocation of debt accrued by adult child as authorized user of one spouse's credit card, without the permission or knowledge of the other spouse."
Discretionary Review granted 3/10/2010
Greenup Circuit Court, Judge Jeffrey Lynn Preston
For Movant: Tracy Denise Frye and Michael Allen Frye
For Respondent: John R. McGinnis