ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: March 7, 2005

WEDNESDAY , APRIL 13, 2005

9:00 a.m. KENTUCKY FARM BUREAU MUTUAL INSURANCE CO. V. RYAN, ET AL. (2003-SC-944-DG)
"Insurance. Motor Vehicle. Apportionment. In action for underinsured motorists benefits, at issue is whether fault may be apportioned to an unidentified driver whose negligence caused a second driver to wreck into a third vehicle, killing the insurance policy owners."
Discretionary review granted 9/16/2004
Shelby Circuit Court, Judge William F. Stewart
For Movant: Michael E. Krauser and Eric S. Moser
For Respondents: Tyler S. Thompson, Martin H. Kinney, Jr. and Jeffrey L. Freeman

10:00 a.m. MAJOR V. COM. (2003-SC-673-MR)
"Murder and Tampering with Physical Evidence - Life Imprisonment."
Boone Circuit Court, Judge Joseph Bamberger
For Appellant: Donna Boyce
For Appellee: George G. Seeling

11:00 a.m. MIFFLIN, ET AL. V. MIFFLIN (2003-SC-857-DG)
"Appellate procedure. Designation of Evidence/Designation of Record. Issues include (1) whether CR 75.01 requires designation of portions of untranscribed testimony that are alleged to not address the issues on appeal, when the written record is argued to be sufficient to address the questions involved; and (2) whether an appellee's failure to designate any portion of untranscribed proceedings permits an inference that the untranscribed proceedings support the appellee."
Discretionary review granted 10/13/2004
Livingston Circuit Court, Judge Bill Cunningham
For Movants: Richard C. Roberts
For Respondent: Willard B. Paxton

THURSDAY , APRIL 14, 2005

9:00 a.m. HILSMEIER V. CHAPMAN (2003-SC-281-DG) & ALLEN V. CHAPMAN (2003-SC-303- DG)
"Gifts. Undue Influence. Competency. Where donor's administrator challenged inter vivos transfer on grounds of undue influence by recipients and/or incompetence of the donor, issues include whether evidence from a prior, concluded competency trial was improperly admitted, and whether co-defendants were entitled to apportionment of fault rather than joint and several liability."
Discretionary Reviews granted 05/12/2004
Warren Circuit Court, Judge John D. Minton, Jr.
For Movants: Thomas A. Noe, III & David Thomas Sparks
For Respondents: Lee Huddleston

10:00 a.m. ROBERTSON V. COM. (2003-SC-948-DG)
"Criminal Law. Pleadings. Issues include whether Kentucky should adopt a mailbox rule for pro se prisoner pleadings that are deposited in the institution's internal mail system on or before the last day of filing."
Discretionary review granted 8/18/2004
Nelson Circuit Court, Judge Larry Raikes
For Movant: Christopher N. Lasch
For Respondent: Todd F. Furguson

11:00 a.m. WILSON V. RUSSELL (2003-SC-1015-DG)
"Negligence. Premises Liability. Judgment N.O.V. Where owner of premises assembled scaffold using a ladder for support, and worker was injured when ladder broke and scaffold collapsed, was defendant owner entitled to jury verdict on issue of his liability."
Discretionary review granted 10/13/2004
Pendleton Circuit Court, Judge Robert McGinnis
For Movant: Frank V. Benton
For Respondent: Richard Woeste

FRIDAY , APRIL 15, 2005

9:00 a.m. THOMAS V. COM. (2003-SC-989-MR)
"First Degree Assault Second Degree Assault - 24 Years"
Jefferson Circuit Court, Judge Lisabeth Hughes Abramson
For Appellant: Michael L. Goodwin
For Appellee: George G. Seelig

10:00 a.m. STENGEL V. KBA (2004-SC-305-KB) - BOLING V. KBA (2004-SC-332-KB)
KY MEDICAL ASSN. V. KBA (2004-SC-336-KB) - BERTRAM V. KBA
(2004-SC-339-KB) - SNELL V. KBA (2004-SC-346-KB) - LARSON V. KBA
(2004-SC-347-KB) - MOORE V. KBA (2004-SC-349-KB) - SMITH V. KBA
(2004-SC-350-KB) & MAZE V. KBA (2004-SC-357-KB)
"Review of the Formal Opinion E-423, of the Ethics Committee of the Kentucky Bar Association"
For Stengel: Teresa Young and Jeanne Deborah Anderson
For Boling: Richard Boling
For KY Medical Assn.: Charles J. Cronan
For Bertram: George Barry Bertram
For Snell: Roy Kimberly Snell
For Larson: Patrick Michael Malone
For Moore: Nikolas M. Fegenbush
For Smith: Kenton R. Smith
For Maze: David A. Sexton
For KBA: Bruce K. Davis, Linda Gosnell and Daniel T. Goyette