Ky. Court of Appeals releases 26 cases on Oct. 31…

The Kentucky Court of Appeals released 25 cases on Oct. 31st.  Subscribers to LawReader can read the full text of these decisions and a synopsis by going to:

 

COURT OF APPEALS DECISIONS FOR OCT. 31, 2008    

 

Non members can sign up at “SIGN UP – PRICING for lawreader”.
 

Important decisions this week featured:
 

An important decision regarding the Board of Claims and the states liability for not maintaining highways so as to contribute to collisions.

 

Qualified immunity of a county highway engineer in making a decision not to erect a guardrail.

 

An adverse possession case discusses competing reports of surveyors.

 

The court sets out the formula for justifying attorney fee award in divorce case and overruled the courts practice.

 

In a wrongful death case the court sets out priority of beneficiaries when a beneficiary is a partial cause of the negligent death of the decedent.

 

An important case discusses choice of law and choice of forum standards to be followed by the trial court.

 

Jurisdiction of the District Court to hear a claim regarding a lease of mineral rights is discussed and new law is made.

 

In an at will employment case, the court discussed preinjury release agreements.

 

Several cases deal with procedures for discharge of a teach and state workers.

 

The court discusses the relationship of the courts in reviewing ecclesiastical issues.

 

Standards of review of parents waiver of rights discussed.

 

Another case involving Good Time credit calculation is presented.

 

Wirth DUI case is discussed and use of BA technician records is discussed.

 

Standards for a Faretta review is discussed.

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