Cases

Cases

REPRESENTATIVE REPORTED CASES

         Arkansas River Co. v. CSX Transp., 780 F.Supp. 1138, 1992 A.M.C. 1108 (W.D. Ky. 1993). The United States District Court found the United States solely at fault for damages to barge and bridge based on its failure to maintain fender system to protect against collision, and held that the discretionary function exception to the Federal Tort Claims Act did not apply.
         Calhoun v. Honda Motor Co. Inc., 738 F.2d 126 (6th Cir. 1984). JNOV for defendant was sustained in a products liability suit regarding a motorcycle, which had been subject to a recall letter regarding its brakes.  Plaintiff did not prove it more likely than not that the averred defect caused the accident.
         Cartwright v. Lockheed Martin Utility Services, Inc. 40 Fed. Appx. 147 (6th Cir. 2002) The Court affirmed a summary judgment granted to the defendant.  The Court held that the plaintiff had failed to prove that his disability qualified as a disability under the Americans with Disabilities Act.  Also, the plaintiff failed to present a prima facie case of race discrimination.
         Conner v. Shelter Mutual Ins. Co., 779 F.2d 335 (6th Cir. 1985).  A jury found that plaintiff had made a misrepresentation when applying for a policy of fire insurance, but that the insurer would have issued the policy had it known the truth.  The Sixth Circuit reversed, holding as a matter of law that the misrepresentation had been material.
         Conwood Co. L.P. v. U.S. Tobacco Co., 290 F. 3d 768 (6th Cir. 2002), cert.den.123 S. Ct. 876 (2003).   Firm provided one of four trial counsel who obtained the largest antitrust judgment in history.  A monopolist had used its market power to restrict plaintiffs' retail shelf space and point of sale advertising.
         Crittendon v. Saxon,  32 S.W.3d 500 (Ky. App. 1999).   Ruling that KRS 342.730(3), entitling a surviving spouse or surviving children of a person who dies intestate to an exemption of personal property in the estate, does not apply to workers' compensation benefits.
         DeStock No. 14, Inc. v. Logsdon, 993 S.W.2d 952 (Ky. 1999). Kentucky Supreme Court ruling that the Dram Shop statute did not completely immunize dram shops from liability for serving alcohol to already intoxicated persons, despite language providing that the intoxicated person's negligence was the proximate cause of any injuries inflicted upon himself or others.
        Harper and Arterburn Co., Inc. v. N.L.R.B., 692 F2d 402, 112 L.R.R.M. (BNA) 2541, 96 Lab. Cas. P 14,007 (6th Cir. 1982). Ruling that a National Labor Relations Board finding that an employee was discharged for requesting a union steward be placed on a company jobsite was not supported by substantial evidence; timing of discharge alone is not sufficient to sustain an unfair labor claim.
         Illinois Cent. Gulf R. R. Co. v. Graves County Fiscal Court, , 676 S.W.2d 470 (Ky. Ap. 1984). Ruling that the doctrine of soverign immunity did not bar a railroad company's action against a county and county fiscal court to recover amounts due under an express contract.
         In re Crisp., 26 B.R. 274 (Bankr. W.D. Ky. 1982) The United States Bankruptcy Court held that a trustee was not entitled to statutory commission and expenses for collecting and delivering fully encumbered property where there was not itemization of expenses nor claim that expenses were reasonable, necessary, or required for preservation of property.
        J.I.Hass Co. Inc. v. Jones-Teen, 755 F2d 1264 (6th Cir. 1985).  A general contractor was defended successfully against the claims of a painting sub-contractor, who contended that it was required to perform unanticipated corrective work.
        McMillan v. Parrott, 913 F.2d 310 (6th Cir. 1990). Ruling that ERISA document naming a former spouse as beneficiary superseded her broad waiver which did not refer to her claims as a beneficiary.
        Midwestern Ins. Alliance, Inc., v. Coffman, , 7 S.W.3d 393 (Ky. App. 1999). Trial court entered declaratory judgment holding that employer's general liability policy provided coverage for vicarious liability for sexual harassment i spite of policy exclusion; court of appeals reversed, finding exclusion unambiguous.
        Mifflin, etc., et al. v. Mifflin, 170 S.W.3d 387 (Ky. 2005).  Corrected the Court of Appeal's erroneous interpretation of the appellate rule regarding designation of the record on appeal.
        Osborn v. Haley, 422 F. 3d 359 (6th Cir 2005) The Sixth Circuit Court of Appeals held that the trial court lacked authority to remand to state court a wrongful discharge action brought against a United Stated Forest Service employee and a private, non-profit entity and its director; the United States certification conclusively established that its employee was acting within the scope of his employment for purposes of removal jurisdiction.  Ruling affirmed by the United States Supreme Court, after grant of writ of certiorari, 549 U.S. 225 (2007).
        Paducah Burley Floors, Inc. v. Peoples First Nat. Bank & Trust Co. of Paducah, , 757 S.W.2d 196, 7 UCC Rep. Serv. 2d 920 (Ky. App. 1988).  Holding that actual notice through regular mail was sufficient to create valid lien against tobacco proceeds.
        Phillips Petroleum Co. v. Stokes Oil Co., Inc.,  639 F.Supp. 291 (W.D. Ky. 1986). Fire at a marine terminal destroyed plaintiff's product that was being unloaded.  Counsel proved that the barge line that had carried the product and the terminal operator had permitted the landside tank to overflow, and that the terminal operator permitted the overflowed gasoline to ignite.
        Poyner v. Lear Siegler, Inc., 542 F.2d 955 (6th Cir. 1976). Plaintiff sought to enforce against a parent corporation a default judgment taken against its subsidiary in a products liability case.  The trial judge had entered a judgment for plaintiff, which was reversed on appeal, applying recognized alter ego law.
        Vannoy v. Milum, 171 S.W. 3d 745 (Ky. App. 2005):  The trial court's grant of summary judgment was upheld on appeal, on grounds that the one-year limitations period governing medical malpractice action began to run when the patient learned from his doctor that vesibular damage was attributed at least in part to gentamicin therapy used to treat his foot infection; not when an attorney told the patient that he had an actionable medical malpractice claim.
       Windchy v. Wray, , 919 S.W.2d 534 (Ky. App. 1996). Workers' Compensation case holding that the Special Fund was not liable for a pregnant claimant's injuries, since it was not foreseeable that a normal pregnancy would become disabling to some degree.