SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: October 13, 2004

WEDNESDAY, DECEMBER 8, 2004

9:00 a.m. LANHAM V. COM. (2003-SC-268-MR)
"Murder and tampering with physical evidence - Life imprisonment and 5 years"
Garrard Circuit Court, Judge C. Hunter Daugherty
For Appellant: Donna L. Boyce
For Appellee: James Havey

10:00 a.m. LYNN V. BURKE (2002-SC-1075-DG)
"MVRA. Motion for New Trial. CR 59.01(d). Where plaintiff's evidence in auto- accident case included substantial medical bills for emergency treatment rendered on day of accident, as well as for later treatment; and defense theory was that all plaintiff's damages were attributable to a different auto accident in which she had been involved three days earlier; and jury verdict awarded plaintiff $5,000 for past pain and suffering, and zero for medical expenses and other damages; was plaintiff entitled to a new trial on grounds that the damages award was inadequate and in disregard of the evidence?"
Discretionary Review granted: 1/14/2004
Jefferson Circuit Court, Judge Thomas Wine
For Movant: Grover S. Cox
For Respondent: Reford H. Coleman

11:00 a.m. STEWART V. COM. (2003-SC-359-DG)
"Criminal Law. Probation and Parole. Sex Offender Treatment Program."
Discretionary Review granted 2/11/2004
Lyon Circuit Court, Judge Bill Cunningham
For Movant:Joseph Ray Myers
For Respondent: Daniel Luke Morgan

THURSDAY, DECEMBER 9, 2004

9:00 a.m. COM., EX REL., GREG STUMBO, ATTORNEY GENERAL V. CRUTCHFIELD
(2003-SC-483-DG)
"KERA. Anti-nepotism Provisions. Constitutionality. Individuals are disqualified from being members of the school board if a relative works for the school system. KRS 160.180(2)(i). Aunt and uncle are included in the statutory definition of relative, while niece or nephew are not. The statute is challenged as being unconstitutional (1) on equal protection grounds, and (2) as arbitrary under § 2 of the constitution."
Discretionary Review granted 3/10/2004
Garrard Circuit Court, Judge C. Hunter Daugherty
For Movant: Stuart W. Cobb
For Respondent: Winter Huff and Jeffrey S. Walther

10:00 a.m. SKAGGS V. COM. (2002-SC-436-MR)
"Death Penalty"
Barren Circuit Court, Judge Thomas O. Castlen
For Appellant: Julie Nampkin and Thomas M. Ransdell
For Appellee: David A. Smith and Brian Judy

FRIDAY, DECEMBER 10, 2004

9:00 a.m. 3 D ENTERPRISES CONTRACTING CORP. V. LOU. & JEFF. CO. METRO. SEWER
(2003-SC-249-DG)
"Contracts. Public Authorities. Statutory Liens. Summary Judgment. Issues include whether contract payments withheld from a contractor by a public authority pursuant to a subcontractor's materialman's lien must be paid to the contractor upon release of the lien pursuant to KRS 376.250, as opposed to being retained by the public authority in connection with its contract dispute with the contractor; if not, whether the public authority waived any claim to the funds through various settlements; and if the contractor is entitled to recovery, whether it is also entitled to prejudgement interest."
Discretionary Review granted 3/10/2004
Jefferson Circuit Court, Judge Lisabeth Hughes Abramson
For Movant: Michael J. O'Connell and Thomas E. Roma, Jr.
For Respondent: Laurence Zielke and John H. Dwyer, Jr.

10:00 a.m. BAYLESS, ET AL. V. BOYER, M.D., ET AL. (2003-SC-250-DG)
"Torts. Damages. Pain and Suffering. Zero Verdict. Issues include whether a jury may return a zero verdict where an injured party went through a surgical procedure."
Discretionary Review granted 12/11/2003
Kenton Circuit Court, Judge Patricia M. Summe
For Movants: John H. Metz and Kenneth J. Koenig
For Respondents: Frank V. Benton, Arnold S. Taylor and David A. Futscher

11:00 a.m. FARMERS BANK & TRUST CO. OF GEORGETOWN, KY V. WILLMOTT HARDWOODS, INC., ET AL. (2003-SC-455-DG)
"Lender Liability. Issues include the application and operation of the statue of frauds KRS 371.010(9), relating to a promise to loan money. Is equitable estoppel or detrimental reliance applicable?"
Discretionary Review granted 3/10/2004
Scott Circuit Court, Judge Paul F. Isaacs
For Movant: Robert W. Kellerman, William L Montague and J. Mel Camenisch
For Respondents: Stephen M. O'Brien III