Ky. court of appeals releases 25 cases July 28th.

 Read the full synopsis and access full text of each case by subscribing to Only $34.95 per month. These are the issues ruled on this week:

1The inability to control the actions of a third person, whose co-operation is needed for the performance of an undertaking (contract), is ordinarily not to be regarded as an impossibility avoiding the obligation
2 counsel engaged in sound trial strategy by attempting to impeach Gay’s testimony by showing he had received a favorable plea agreement.

3TO BE PUBLISHED: (Worker seeking unemployment benefits who failed insurance salesman exam,)  did not voluntarily quit his job and his discharge was not for misconduct. 

4 In order to obtain relief under KRS 500.110, a defendant must carry the burden of showing both that a detainer has been lodged and that the prosecutor has been served with the request for final disposition of the charges

5 A plaintiff in a legal malpractice case has the burden of proving ‘1) that there was an employment relationship with the defendant/attorney; 2) that the attorney neglected his duty to exercise the ordinary care of a reasonably competent attorney acting in the same or similar circumstances; and (3) that the attorney’s negligence was the proximate cause of damage to the client.
6TO BE PUBLISHED: a circuit court judgment reducing a Board award to judgment, such as the order of the Boyd Circuit Court entered on February 10, 1999, is entitled to the post-judgment interest benefit provided for in KRS 360.040 the same as any other judgment –

Unlike jurisdiction, however, venue may be conferred by waiver.

7 no genuine issue of material fact exists regarding Fulton’s claim that he was exposed to abestos

8 The three days that the trial court waited before granting summary judgment was not sufficient to provide Fulton with an opportunity to respond to Viacom/Westinghouse’s motion; thus, the court erred when it granted summary in Viacom/Westinghouse’s favor.

9 Attorneys lien for his fee, filed after his firing by client, upheld

10TO BE PUBLISHED: upon her conviction as a sex offender sentenced in 2001, Jones automatically became subject to the period of conditional discharge as a matter of law. (court’s failure to mention this did not relieve defendant of duty to serve CD time.)
11TO BE PUBLISHED: (Police) were legally entitled to enter the property to perform the “knock and talk.? During the course of this duty, they found evidence of illegal activity, i.e., the odor of marijuana. (Therefore there was no constitutional violation of cartilage doctrine.)

12 TO BE PUBLISHED: the Board did not overlook or misconstrue controlling statutes or caselaw, or flagrantly err in assessing the evidence so as to cause gross injustice,

13 Thus, the circuit court properly granted summary judgment in NSI’s favor regarding Fulton’s exposure to asbestos at TVA Paradise.

14 the family court applied the wrong standard to allocate debts and to find that Robert had a nonmarital interest in stock that belonged to his mother,

15 There was sufficient proof presented to jury to establish boundary line dispute

16 the trial court abused its discretion in violation of his due process rights when it denied his request to withdraw his guilty plea, pursuant to Kentucky Rule of Criminal Procedure (RCr) 8.10, without holding an evidentiary hearing into whether the plea was knowing, intelligent, and voluntary.

1711.42 motion denied

18 PPMC has abandoned this appeal, we dismiss

19 Court was within its discretion in refusing to permit defendant to withdrawn his guilty plea

20 TO BE PUBLISHED: the circuit court was in error in having ruled on Humana’s motion for summary judgment before Blose had an opportunity to complete discovery

21 the trial court abused its discretion by granting default judgment

22 . Kentucky Rules of Civil Procedure (CR) 50.01 requires a party moving for a directed

verdict to state with particularity the reasons a directed verdict is appropriate, and “Kentucky appellate courts have steadfastly held that failure to do so will foreclose appellate review of the trial court’s denial of the directed verdict motion.?

23 Kentucky law does not require written rejection of UIM coverage

24 parental rights correctly terminated

25 ALJ ruling denying benefits upheld

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