NOT TO BE PUBLISHED OPINION JONES , Judge . This appeal arises out of an opinion issued by Kentucky's Workers' Compensation Board ("Board") affirming an award of benefits to the Appellee, Mary Gray. The Appellant, Caring People Service, LLC ("Caring People"), contends that the Board erred because Gray's injury occurred while she was in her personal vehicle during her commute from her home to her regular worksite, and therefore, is not work-related. Having reviewed the record in...
NOT TO BE PUBLISHED OPINION VANMETER , Judge . Johnny Stinson Bryant appeals an order from the Franklin Family Court entered on April 14, 2015 classifying a home given to him by his employer as a marital employment benefit. For the following reasons, we reverse and remand. I. Procedural and Factual Background. Johnny and Mary Lou Bryant were married in March 1976 before separating in July 2012, and divorcing in May 2015. The only remaining contested issue in the dissolution of their...
NOT TO BE PUBLISHED OPINION COMBS , Judge . Appellant, Johnnie Ray Douglas, appeals from the denial of his RCr 1 11.42 motion alleging ineffective assistance of counsel based on failure to conduct a proper voir dire and for failure to seek post-trial relief after a juror revealed that he had been a victim of a prior crime committed by Douglas. We vacate and remand for a new trial. A Jefferson County jury found Douglas guilty of one count of Robbery, First Degree, and two counts of...
NOT TO BE PUBLISHED OPINION DIXON , Judge . In August 2006, Appellants, Marc and Elizabeth Clark executed an adjustable rate note in favor of Encore Credit Corporation to secure a loan in the principal amount of $221,000. The loan was secured by a mortgage lien against the Clark's home in Bowling Green, Kentucky. This lien was memorialized in a mortgage, executed in favor of Mortgage Electronic Registration Systems, Inc. ("MERS"), as nominee for Encore. In June 2008, the mortgage was...
NOT TO BE PUBLISHED OPINION DIXON , Judge . Jerry Webb has appealed from the Carter Circuit Court's denial of a motion to suppress an out of court identification, the hearing for which was held on the first day of a three day trial, on November 12, 2014. He also appeals the order entered January 13, 2015 sentencing him to 10 years in prison, subsequent to the aforementioned jury trial where he was found guilty of Assault in the First Degree. We affirm. On May 2, 2011, at 10:30 p.m.,...
NOT TO BE PUBLISHED OPINION STUMBO , Judge . The Estate of Mary Price 1 appeals from an order granting summary judgment in favor of Shelter Mutual Insurance Company entered by the Pulaski Circuit Court on August 6, 2015. That order held that Shelter did not handle Mary Price's insurance coverage claim in bad faith or violate Kentucky's Unfair Claims Settlement Practices Act ("UCSPA"). The Estate argues that Shelter's multiple denials of Ms. Price's insurance claims were done in bad faith...
NOT TO BE PUBLISHED OPINION COMBS , JUDGE . This is a zoning case in which Marlene White and Rikki Jamalia appeal the judgment of the Fayette Circuit Court that affirmed a decision of the Lexington-Fayette Urban County Government. At issue was a zone change affecting the Ashland Park neighborhood in Lexington. We have thoroughly reviewed the parties' arguments on appeal, the record, and the applicable law. Because of the procedural posture of the case, we are compelled to dismiss the...
NOT TO BE PUBLISHED OPINION COMBS , Judge . Appellant, Mark Addison (Addison) appeals from an order of the Fayette Circuit Court granting summary judgment for the defendants in this premises liability case. For the reasons set forth below, we affirm in part, vacate in part, and remand. On February 10, 2013, Addison fractured his right fibula after he slipped on a wet floor and fell at a gas station/convenience store (the store) in Lexington, Kentucky. Addison was employed there, but he...
NOT TO BE PUBLISHED OPINION DIXON , Judge . Mary Ives and Ives Veterinary Clinic, Inc., appeal from an order of the Warren Circuit Court affirming the decision of the City-County Board of Adjustments Bowling Green, Warren County, denying Ives's application for a Conditional Use Permit and zoning variance. 1 We affirm. The Warren Circuit Court succinctly set forth the following underlying facts in its final judgment: Mary Ives owns two tracts of adjoining property bordering Rigelwood...
NOT TO BE PUBLISHED OPINION D. LAMBERT , Judge . This is an appeal from the December 16, 2014 order of the Owsley Circuit Court awarding damages and granting partial summary judgment in favor of Peters Farms, LLC (Peters) after finding Ikerd Mining, LLC (Ikerd) mistakenly extracted 20,212 tons of coal from Peters' property. After review, we affirm. I. BACKGROUND From 2007 to 2008, Ikerd removed 20,212 tons of coal from Peters' property without a written agreement to do so. Of the 20,212...
NOT TO BE PUBLISHED OPINION JONES , Judge . Clifford Muenster appeals from the Ballard Circuit Court's Judgment and Sentence entered November 21, 2014, following a jury trial. Having reviewed the record in conjunction with applicable legal authorities, we conclude that reversal is mandated in this instance. The trial court abused its discretion when it refused to strike a juror who: (1) worked at the jail where Appellant and his wife were held following their arrest on the charges...
NOT TO BE PUBLISHED OPINION ACREE , Judge . The University of Louisville appeals the Jefferson Circuit Court's November 15, 2013 judgment affirming the jury's verdict in favor of Laurel Harper and the award of damages with respect to her claim under the Kentucky Whistleblower Act, 1 as well as the March 20, 2014 opinion and order awarding Harper's attorney's fees and costs. Additionally, Harper cross-appeals the circuit court's opinion and order denying her motion for front-pay damages....
NOT TO BE PUBLISHED OPINION D. LAMBERT , Judge . The Commonwealth appeals to this Court from an order by the Hart Circuit Court, which granted the motion to suppress evidence filed by the Appellee, Neil Dennison. The other Appellees, Britney Harper and Katelin Ballard, were Dennison's co-defendants below, and joined in the motion. This Court will address the three appeals together, as they each arise from the same order by the trial court and demand the same result. For the reasons...
NOT TO BE PUBLISHED OPINION D. LAMBERT , Judge . Nausher Azmat, by and through his mother and next friend Sameena Azmat, appeals the entry of summary judgment by the Hardin Circuit Court and dismissal of the complaint with prejudice. Having reviewed the record and finding no error, we affirm. I. FACTUAL AND PROCEDURAL HISTORY This appeal originated as a medical malpractice action by Sameena Azmat, proceeding on behalf of Nausher Azmat, a minor child at the time, against George W. Bauer,...
OPINION D. LAMBERT , JUDGE . This matter is before the Court on appeal from an order entered by the Pike Circuit Court, which sustained a motion to dismiss filed by the Appellee, Wrightway Ready Mix, LLC (hereinafter "Wrightway"). For the reasons herein described, we affirm the trial court. I. FACTUAL AND PROCEDURAL HISTORY The operative facts of this appeal are not in dispute. The Appellant, Roger Adkins, is a self-employed contractor. He appeared pro se at every stage of the...
NOT TO BE PUBLISHED OPINION VANMETER , Judge . In Kentucky, default judgments are disfavored and a trial court is vested with broad discretion in its determination whether to set such a judgment aside. The issue we address in this case is whether the Pike Circuit Court erred in its decision not to set aside the default judgment granted Priscilla Brewer against Matt and Barbi Mercer. We hold the trial court did not abuse its discretion, and therefore, affirm its judgment. I. Facts and...
NOT TO BE PUBLISHED OPINION TAYLOR , Judge . Joe K. Meador brings this appeal from a February 20, 2015, findings of fact, conclusions of law, and order of the Allen Circuit Court adjudicating the width of a prescriptive right-of-way easement. We affirm. Randall Harper, Betty Harper, Gliddie Sarver, and Joe Meador own abutting tracts of real property located in Allen County. A single-lane roadway (the roadway) is situated upon the real property of the Harpers and of Sarver; it is located...
NOT TO BE PUBLISHED OPINION CLAYTON , Judge . Following an attempted robbery at a Domino's Pizza store in Bowling Green, Kentucky, a fleeing assailant shot and killed Harold Dean Johnson, Sr. The victim's son, Harold Dean Johnson, Jr. (hereinafter "Johnson"), claims to have been in the vicinity and witnessed the shooting. Johnson, both as administrator of his father's estate and individually, sued: the franchise owner, Seagle's Pizza, Inc. (hereinafter "Seagle"); the building's lessor,...
NOT TO BE PUBLISHED OPINION VANMETER , JUDGE . Kevin Morrison appeals from the Bullitt Circuit Court's October 17, 2014, order denying his motion to withdraw his guilty plea. For the following reasons, we affirm. 1 After attempting to steal a battery from AutoZone in Shepherdsville, and then attempting to hit an AutoZone employee with his truck, Morrison was indicted for Robbery First Degree, Wanton Endangerment First Degree, Attempted Assault Second Degree, Reckless Driving, Driving on...
OPINION DIXON , JUDGE . Ready Electric seeks review of an opinion of the Workers' Compensation Board affirming an ALJ's award of benefits to Thomas Scharringhausen. The sole issue presented concerns the ALJ's determination that Ready Electric committed an intentional safety violation that caused Scharringhausen's injury, entitling him to enhanced benefits pursuant to KRS 342.165(1). The statute states, in relevant part: If an accident is caused in any degree by the intentional failure of...
