ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: June 7, 2004

WEDNESDAY, AUGUST 18, 2004

9:00 a.m. BAPTIST HEALTHCARE SYSTEMS, INC., D/B/A CENTRAL BAPTIST HOSPITAL V.
MILLER (2003-SC-471-DG)
"Torts. Negligence. Damages. Medical Expenses. Issues include whether damages for medical expenses may include the amount billed or are limited to the amount actually either paid or collectible as a matter of law."
Discretionary Review granted 12/11/2003
Fayette Circuit Court, Judge Mary C. Noble
For Movant: Gregory K. Jenkins, F. Allon Bailey and Lynn Rikhoff Kolokowsky
For Respondent: Fred E. Peters and Ashley Rogers Dye

10:00 a.m. YORK V. KY FARM BUREAU MUTUAL INSURANCE CO. (2003-SC-334-DG)
to be heard with:
PREWITT V. KY FARM BUREAU MUTUAL INSURANCE CO. (2003-SC-338-DG)
"Insurance. Motor Vehicle. Issues include applicability and validity of a ‘nonpermissive user exclusion' from motor vehicle insurance liability coverage".
Discretionary Reviews granted 12/11/2003
Jackson Circuit Court, Judge R. Cletus Maricle
For York: John P. Chappell
For Prewitt: Gary N. Hudson and Bruce Russell Bentley
For KY Farm Bureau: Roy William Tooms and Russell W. Burgin

11:00 a.m. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., ET AL. V. MARLEY, ET AL. (2002-SC-846-DG)
"Insurance. Household Exclusion. Umbrella Policy. At issue is whether, as applied to automobile liability coverage, a household exclusion clause in a personal liability umbrella policy issued in another state to out-of-state residents is void and unenforceable as against public policy in an action brought in Kentucky for damages arising from a motor vehicle accident occurring in Kentucky."
Discretionary Review granted 12/11//2003
Simpson Circuit Court, Judge William R. Harris
For Movants: Barton D. Darrell and Thomas Lawless
For Respondents: Richard Hay, David V. Scott, Rhonda G. Hatfield-Jeffers and Michael K. Bishop

THURSDAY, AUGUST 19, 2004

9:00 a.m. FAYETTE COUNTY BOARD OF EDUCATION V. M. R. D., ET AL. (2003-SC-448-DG)
"Administrative Law. Education. Free and Appropriate Education. Issues include the appropriate standard as well as appropriate application of the standard to the question whether a local board of education offered a student the ‘free and appropriate public education' required by the federal Individuals with Disabilities Education Act."
Discretionary Review granted 12/11/2003
Fayette Circuit Court, Judge John R. Adams
For Movant: Robert L. Chenoweth and William H. Fogle
For Respondents: Edward E. Dove

10:00 a.m. COM. V. PRIDDY (2003-SC-41-DG)
"Criminal Law. Search and Seizure. Investigatory stop made on the basis of an anonymous tip. (1) Did the police have sufficient information to make the initial stop? Application and analysis of Florida v. J.L., 529 U.S. 266, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000), and Alabama v. White, 496 U.S. 325, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990). (2) Whether the record supported the trial court's findings"
Discretionary Review granted 8/13/2003
Jefferson Circuit Court, Judge Lisabeth Hughes Abramson
For Movant: Janine Coy Bowden
For Respondent: Dennis Stutsman

11:00 a.m. GRAND AERIE FRATERNAL ORDER OF EAGLES V. CARNEYHAN, ET AL.
(2003-SC-169-DG)
"Torts. Dram Shop. May a national organization be found liable for an incident arising out of a local chapter's conduct involving the serving or selling of alcohol."
Discretionary Review granted 12/11/2003
Trigg Circuit Court, Judge Bill Cunningham
For Movant: Mark A. Osbourn and Carol Schureck Petitt
For Respondents: David F. Broderick

FRIDAY, AUGUST 20, 2004

9:00 a.m. CITY OF COVINGTON, ET AL. V. KENTON COUNTY, KY (2002-SC-991-DG)
"Counties. Cities. Occupational License Fees. Issues include whether KRS 68.197(4) entitles residents of Covington to credit their municipal occupational license fees against year 2000 increases in Kenton County's occupational license fees."
Discretionary Review granted 12/11/2003
Kenton Circuit Court, Judge Patricia M. Summe
For Movants: Frank F. Chuppe, Virginia Hamilton Snell, John Jay Fossett, Angela C. McCorkle, Mark D. Guilfoyle, Patrick R. Hughes and John E. Lange III
For Respondent: Sheryl G. Snyder, H. Lawson Walker II and David Seth Kaplan

10:00 a.m. FRITSCH V. STUMBO, ET AL. (2003-SC-903-MR)
to be heard with:
HENRY V. CAUDILL, JUDGE, FLOYD CIRCUIT, ET AL. (2003-SC-914-MR)
"Appeal of a denial of a Petition for a Writ of Prohibition - Proper jurisdiction and venue"
Floyd Circuit Court, Judges John T. Daughaday and Danny P. Caudill, respectively
Justice Stumbo not sitting.
For Fritsch: Eldred E. Adams, Jr.
For Henry: Michael J. Schmitt
For Appellees: Earl M. McGuire

11:00 a.m. HARGIS, ET AL. V. BAIZE, ET AL. (2002-SC-969-DG)
"Negligence per se. Safety Regulations. Owner of truck was killed on company's property while unloading logs owned by company from a trailer owned by company in conjunction with a pick up and delivery scheduled by company. Is truck owner a member of the class of persons intended to be protected by workplace safety regulations and thereby entitled to pursue a claim of negligence per se against company for violation of safety regulations pertaining to unloading of logs?"
Discretionary Review granted 12/11/2003
Muhlenberg Circuit Court, Judge David H. Jernigan
For Movants: Jonathan S. King
For Respondents: Alice Barns Herrington and Elizabeth U. Mendel