Fayette, Scott cases to be heard Thursday by Supreme Court

Public can watch via livestream

FRANKFORT, Ky. (WTVQ) – The Supreme Court of Kentucky will hear oral arguments Thursday in a criminal case appeal from Fayette County and civil case appeals from Bullitt and Scott counties. Proceedings are open to the public and will take place at 9, 10 and 11 a.m. ET in the Supreme Court Courtroom on the second floor of the state Capitol in Frankfort.

Watch arguments as they happen via a livestream here. To watch proceedings later, click here.

The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.

Oral Arguments

9 a.m. ET

Torts. Insurance. Bad Faith. The issue in this case is whether a catering company’s commercial general liability insurer legitimately contested its obligation to cover damages after UTV accident that occurred when: (1) the catering company’s members were hosting a party at their home; (2) the members gave their teenage son permission to give rides around the yard in the company UTV to one passenger at a time; (3) the teenage son drove the UTV to a neighboring subdivision with three teenage passengers; and (4) while in the subdivision, the son hit a curb, overturned the UTV, and severely injured one of his passengers.

Case briefs

Discretionary Review Granted: 7/1/2020
Cross-Motion for Discretionary Review Granted: 8/21/20

Bullitt Circuit Court, Judge Rodney Burress

Counsel for Appellant: Jennifer Moore, Emily A. DeVuono, and Donald S. Battcher
Counsel for Appellee: Ronald L. Green and James M. Inman

10 a.m. ET

Criminal Law. Miranda Rights. Competency. Right to Counsel. The issue in this case is whether the trial court erred in denying the defendant’s motion to suppress his confession based upon his assertion that the police interrogator allegedly ignored his request for counsel made during his interview with police. Additionally, appellant seeks review of his claim that he did not knowingly and intelligently waive his Miranda rights during the police interview.

Case briefs

Discretionary Review Granted: 12/09/2020

Fayette Circuit Court, Judge Thomas L. Clark

Counsel for Appellant: Shannon R. Dupree
Counsel for Appellee: Robert L. Baldridge, Chad Meredith

11 a.m. ET

Medical Negligence. Informed Consent. KRS 304.40-320(2). Expert Testimony. The issue in this case is whether expert testimony is required to establish the risks of medical treatment which are “substantial” and “recognized among other healthcare providers who perform similar treatments or procedures.” An additional issue presented is whether informed consent should include not only the risk of injury, but also the mechanism of injury, and that a treatment could lead to additional treatment or procedures.

Case briefs

Discretionary Review Granted: 3/17/21

Scott Circuit Court, Judge Jeremy Mattox

Counsel for Appellants: B. Clark Batten, II, D. Seth Coomer, Stephen M. O’Brien, III
Counsel for Appellees: Clayton L. Robinson and Jonathan D. Weber

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