SUPREME CT. DISMISSES PROSECUTION OF PREGNANT MOTHER WHO INGESTED DRUGS- REMANDS CASE OF PILOT WHO WAS A PASSENGER GOING TO WORK STATION UNDER WORKER’S COMP. GOING AND COMING RULE

The Kentucky Supreme Court issued 37 rulings on Thursday June 17, 2010.   All cases are synopsized in LawReader.   You must be a member to access these important cases.

In one case the Court upheld a trial court who dismissed a charge against a mother who ingested drugs while pregnant.  The Court ruled that the legislature has specifically prohibited such prosecutions. It would be a slippery slope to begin regulation by criminal law of maternity issues.

In another important case they overruled a Worker’s Comp. case in which an Airtran pilot who lived in Lexington was traveling on a Comair flight that crashed.  The pilot was a passenger heading to Atlanta where he was assigned to fly an Airtran plane.  The Ct. of Appeals had held that the going and coming rule exempted the employer from Worker’s Comp. liability.  The Sup. Ct. remanded this case for addtional findings which may lead to an expansion of the rule in similar situations.  The issue to be reviewed is whether the employer benefited from allowing it employees to live in other communities there where they flew out of.

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