Rose Annette Cook, both individually and as administratrix of the estate of David Allen Cook, and Warren Lee Cook appeal from the opinion and order of the Anderson Circuit Court dismissing her claims against paramedic, Russell Taylor, and Emergency Medical Technician (hereinafter EMT), Gary Reynolds. Taylor and Reynolds cross-appeal on the trial court's decision not to additionally dismiss the claims pursuant to the doctrine of release. After careful review, we reverse and remand... On May 11,...  

Appellant, Bruce Crecelius, appeals from an order of the Fayette Family Court denying his motion for a modification of his child support obligation. Finding no error, we affirm... Bruce and Denise Crecelius were married on May 8, 1992. Two children were born during the marriage, Katie Noel and Cara Nicole. On June 16,... ... ... 2003, Denise filed a petition in the Fayette Family Court for legal separation. A mediated agreement was thereafter entered on January 20, 2004, granting the parties...  

Stanley Hill appeals from an order of the Pulaski Circuit Court dismissing his complaint with prejudice for failure to secure counsel in compliance with the court's order. After careful review of the record, we vacate and remand... ... ... On December 19, 2002, Stanley Hill underwent a laparoscopic cholecystectomy, performed by Dr. Hossein Fallahzadeh at Lake Cumberland Regional Hospital in Somerset, Kentucky. A subsequent surgery was performed by Dr. Sara J. Longmire-Cook on December 20, 2002....  

Jermaine Ford appeals from a judgment of conviction and sentence of imprisonment from the Muhlenberg Circuit Court upon a jury verdict finding him guilty of complicity to first degree promoting contraband and being a persistent felony offender in the first degree. After thoroughly considering the record before us, we reverse Ford's conviction... ... ... In early 2006, while incarcerated at Green River Correctional Complex, Ford and two other inmates planned to smuggle marijuana into the prison....  

Geraldine Hall appeals from a decision of the Workers' Compensation Board which reversed the Administrative Law Judge's order on a petition for reconsideration. In his original order, the ALJ found Hall sustained a three percent whole body impairment due to a work-related injury. In her petition... ... ... for reconsideration, Hall claimed the ALJ erred by assigning an impairment rating before she had reached maximum medical improvement. The ALJ agreed and issued a second order rescinding his...  

This matter arises from a Petition for Declaration of Rights in which Kentucky Farm Bureau Mutual Insurance Company (KFB) sought a declaration as to whether it owed coverage and a defense to its insureds, Jason... ... ... Blevins and Alisha Blevins (the Blevinses). KFB has appealed, and the Blevinses have cross-appealed, from the Greenup Circuit Court's September 13, 2006, Declaratory Judgment and from the October 17, 2006, Order amending the Declaratory Judgment, both made final by an order...  

James R. Turley (Turley) appeals the judgment of the Fayette Circuit Court, the Honorable Pamela Goodwine, presiding, denying his CR 60.02 Motion for Relief From Final Judgment. Turley also appeals the denial of... ... ... his Motion for Reconsideration of the denial of the CR 60.02 motion. Turley was convicted of two counts of Sodomy First Degree, and one count of Sexual Abuse First Degree. After careful review of the record, we affirm on all counts... In the Fall of 2004, Turley resided in...  

Steven R. Lester appeals from a judgment of the Pulaski Circuit Court convicting him of third-degree assault and sentencing him to five years in prison. We affirm... On April 10, 2006, Officer Bruce Blevins responded to a 911 call from the Lester residence. Lester and his mother complained that they were being... ... ... harassed by their neighbors, Ricky Branum and Bernice Young. Blevins informed the Lesters that he would speak with their neighbors... As Blevins was talking to Branum and Young...  

William Cabbil, Jr., entered a conditional guilty plea in the Jefferson Circuit Court to trafficking in a controlled substance (heroin) in the first degree, criminal mischief in the first degree, illegal possession of a controlled substance (hydrocodone) in the second degree, and possession of... ... ... drug paraphernalia. He also pleaded guilty to being a persistent felony offender in the second degree. The court sentenced Cabbil to serve ten years in prison. Cabbil reserved the right to...  

James Allen LaGrand ("LaGrand") appeals from the Muhlenburg Circuit Court's denial of his CR1 60.02 motion seeking post-conviction relief due to recanted testimony. We affirm... ... ... On October 23, 2001, LaGrand was indicted by a Muhlenburg County Grand Jury and charged with sodomy in the first degree2 by engaging in deviant sexual intercourse with E.L.,3 a female under twelve years of age. On January 10, 2002, LaGrand was tried before a jury. The main evidence of LaGrand's guilt...  

Lee Roy Brewer appeals the May 25, 2007, Order of the Owen Circuit Court denying his RCr2 11.42 motion to vacate, set aside or correct his judgment of sentence from his criminal conviction. We affirm... ... ... The Kentucky Supreme Court, in considering appellant's case on direct appeal, summarized the underlying facts as follows:... [o]n April 24, 2004, acting on information received during an unrelated situation, the police visited the home of Scott and Beverly Sizemore. The police...  

Mitchell B. Thomas appeals from an order of the Mason Circuit Court, entered on February 1, 2007, which denied his motion for relief made pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42. We affirm... ... ... Thomas was convicted of three counts of first-degree trafficking in a controlled substance (second or subsequent offense) and one count of trafficking in a controlled substance within 1000 yards of a school. He was sentenced to serve 12 years on each of the three counts of...  

Yost Energy, LLC, appeals from a judgment of the Warren Circuit Court which terminated an oil and gas lease. Yost Energy presents three arguments: (1) that it was entitled to a directed verdict; (2) that the... ... ... jury instructions were contrary to the lease and the evidence; and (3) the trial court erred by failing to grant its motion for judgment notwithstanding the verdict. We reverse... Appellees, Jerry "Peanuts" Gaines and Marilyn Gaines own property in Warren County,...  

Charles Milby appeals from a summary judgment by the Jefferson Circuit Court dismissing his claims against CSX Transportation, Inc. ("CSX") under the Federal Employers' Liability Act ("FELA"). We agree with the trial court that Milby's action was barred by the Act's statute of limitations because... ... ... he filed it more than three years after his cause of action accrued. Hence, we affirm... Because summary judgment was granted to CSX, we review the facts in the light most...  

Dale Louis Brown ("Brown") appeals from the LaRue Circuit Court's denial of his second motion for relief from judgment pursuant to CR1 60.02. We affirm... ... ... The relevant facts and proceedings were previously summarized2 as follows:... On June 5, 1988, the LaRue County Grand Jury indicted Brown on charges of murder, first-degree arson, second-degree criminal mischief, and second-degree criminal trespass. The charges arose from the Sheriff's investigation which determined that Brown...  

James Adams entered a conditional plea of guilty in the Madison Circuit Court to charges of driving under the influence (fourth offense), and driving on a license suspended for DUI (second offense). The sole issue on appeal is whether the trial court erred in finding that the moped driven by Adams at the time of his arrest was a "motor vehicle" under Kentucky Revised Statutes... ... ... (KRS) 189A.010(1), which, inter alia, prohibits the operation of a motor vehicle while under the...  

Jenean McBrearty (McBrearty) appeals the dismissal of all pending claims by McBrearty against Kentucky Community and Technical College... ... ... Systems (KCTCS)1 by the Honorable James Ishmael, Jr., Judge, of the Fayette County Circuit Court. Finding no error, we affirm... The facts of the case are undisputed. McBrearty signed an eleven-month tenure-track teaching contract with KCTCS with an express term of August 1, 2005, through June 30, 2006. Professor Hossein Motamedi (Motamedi), a...  

MEMORANDUM OPINION OF THE COURT... Appellant, David James Van Diver, was convicted of first-degree robbery and found to be a first-degree persistent felony offender. For these crimes, Appellant was sentenced to thirty-five (35) years imprisonment. He now appeals as a matter of right pursuant to Ky. Const. § 110(2)(b)... On appeal, Appellant argues (1) that improper and prejudicial show-up identification procedures rendered the victim's in-court identification of him inadmissible and (2)...  

MEMORANDUM OPINION OF THE COURT... An Administrative Law Judge (ALJ) determined that the claimant's employer failed to provide a safe workplace as required by KRS 338.031 (1)(a) insofar as it required him to work at a height of 15 feet on an unsupported, unsecured extension ladder that could be expected to move and cause a serious physical injury. On that basis, the ALJ ordered an additional 30% compensation under KRS 342.165(1). Although the Workers' Compensation Board affirmed, the Court of...  

The Medical Vision Group, P.S.C. (MVG), and Schatzie, L.L.C. (Schatzie), petitioned the Kentucky Court of Appeals for a writ prohibiting Judge Timothy Philpot of the Fayette Circuit Court from appointing a receiver to oversee both business entities and from asserting external judicial control over the businesses' accounts and assets. The Court of Appeals denied the writ, finding that because the businesses are alter-ego corporations of Dr. Jitander Dudee, the trial court had jurisdiction over...