20 Ky. Court of Appeals cases released July 7th w/synopsis by LawReader.com
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1 TO BE PUBLISHED: Kentucky’s highest court has applied the doctrine of mitigation of damages to an award of back pay, the Court has stated simply that the plaintiff “cannot recover more than the difference between the contract wages or salary and the amount he earned or could have earned with reasonable diligence.
2 consideration of the transcript of evidence is necessary to the determination of the issue raised by appeal, and the transcript of evidence is not designated for inclusion in the record
3 appellant is not entitled to jail-time credit for time he spent in home incarceration as part of his pretrial release — the circuit court erred by denying appellant’s motion pursuant to RCr 5.16 for a transcript of the grand jury testimony
4 As notice is the only claim raised by Shannon in connection with her due process argument, we find no error in the court’s conclusion that she received procedural due process.
5 TO BE PUBLISHED: Kentucky law prohibits the amended version of a statute from being applied retroactively to events which occurred prior to the effective date of the amendment unless the amendment expressly provides for retroactive application – we conclude that the trial court was clearly erroneous in finding that an easement was proven here, as continuity of use was not adequately shown by Thomas
6 we are convinced that the additional evidence is not reasonably likely to have affected the outcome of Monhollen’s trial, we affirm
7 administrator of deceased fathers estate owes no duty to Illegitimate child until paternity was proven
8 When he was not brought to trial within 180 days of his request for a final disposition of the charges listed in the detainer, the trial court correctly dismissed counts one and three pursuant to KRS 500.110.
9 evidentiary support must be present as a prerequisite for meaningful due process.
10 TO BE PUBLISHED: the law in Kentucky . . .does not require a jury to award damages for pain and suffering in every case in which it awards medical expenses
11 wife’s credit cards found not to be marital debt – No evidence was presented to indicate that any of the money was used for marital purposes or that any of the marital assets distributed in the dissolution action had been acquired with the credit cards. In the absence of such information, it was impossible for the court to apply the Neidlinger factors.
12 We question the trial court’s unwillingness to allow Sommers’s expert to testify by telephone at the evidentiary hearing.
13 TO BE PUBLISHED: (the law) allows for the disciplining of public employees who refuse to answer potentially incriminating questions about their employment if they were not required to waive their right against self-incrimination.
14 The court remands the case for appropriate consideration of visitation issues separate and distinct from requests for increased child support
15 plaintiff pleaded sufficient facts to support a cause of action against Providian for wrongful use of civil proceedings thus trial court erred in dismissing her claim. – The distinction between abuse of process and wrongful use of civil proceedings is not always clear…
16 the testimony of appellee and the social worker, regarding their own actions and observations, certainly was adequate to support the court’s determination that a preponderance of the evidence showed that domestic violence had occurred and may occur again.
1711.42 18 11.42 19 the factual findings are conclusive in this matter.
20 the family court erred by excluding evidence related to the removal of M.A.H.’s siblings following a substantiated claim of sexual abuse perpetrated against at least one of them