Ky. Court of Appeals releases 28 important decisions…

The Kentucky Court of Appeals released 28 important cases on Friday.  LawReader Subscribers can read a synopsis and the full text of each decision by going to COURT OF APPEALS DECISIONS FOR OCT. 24, 2008    .

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Important decisions this week held that:


A breach of a settlement contract is a jury issue.

Discussion of uninsured motorist coverage and the regular use exception.   
One decision held that the court has equitable power to reform a contract.

The court ruled that the effect and allowance of evidence of a dismissed criminal action in a subsequent civil claim.

The court ruled that in Kentucky there is no privace cause of action for a HIPPA violation. This decision did not discuss the right to privacy.

The court ruled that a defendant in a DVO action has the right to a due process hearing before he can be held in contempt of court for actions not committed in front of the court. 

 A termination of parental rights action was set aside when the parent was denied the right to counsel at a portion of the proceedings.

The court ruled that a worker has the right to consult with their private physician if there is a dispute over treatment recommended by company physician. 

The court discussed KRE 615 regarding the right of the prosecution to allow a police officer to sit at their table during a trial.

 In another case, the court upheld the constitutionality of grandparent visitation rights.

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