SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: November 1, 2007

WEDNESDAY, DECEMBER 12, 2007

9:00 a.m. MEGHOO V. COMMONWEALTH (2004-SC-1042-DG)
AND (CROSS-MOTION) COMMONWEALTH V. MEGHOO
(2005-SC-0683-DG)
"Criminal Law. Trafficking in Marijuana. Department of Transportation Vehicle Enforcement Officers Authority. Issues include (1) what is the extent of these officers' authority to conduct investigations and make arrests, and (2) did the officers have sufficient grounds in this particular case to hold the defendant so
as to subject his vehicle to a canine sniff test?"
Discretionary review granted 8/17/2005 and 10/12/2005
Hardin Circuit Court, Judge Kelly M. Easton
For Movant/Cross-Respondent: Frank Mascagni, III
For Respondent/Cross-Movant: Perry T. Ryan
(Note: Justice Minton and Justice Schroder are recused --
Special Justices James D. Harris, Jr. and Thomas C. Smith sitting)
(Rescheduled from November 15, 2006)

10:00 a.m. KEMPER V. GORDON, ET AL. (2005-SC-306-DG)
AND (CROSS-MOTION) GORDON, ET AL. V. KEMPER
(2006-SC-77-DG)
"Medical Malpractice. "Loss-of-Chance" Cause of Action. In medical
malpractice action alleging negligence in physician's failure to diagnose cancer timely, issues relate to Court of Appeals' recognition of cause of action for lost chance of survival in instances where chance of survival or recovery is 50% or less at the time of alleged negligent act or omission. On cross motion, issues include the exclusion of expert testimony and the propriety of jury instructions."
Discretionary review granted 1/11/2006 and 3/15/2006
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movant/Cross-Respondent: C. Thomas Hectus and Randall S. Strause
For Respondents/Cross-Movants: Ann B. Oldfather and Lea A. Player
(Note: Justice Minton and Justice Schroder are recused --
Special Justices James D. Harris, Jr. and Thomas C. Smith sitting)

11:00 a.m. MID-STATES PLASTICS, INC. V. ESTATE OF WILLIAM CLINTON BRYANT, ETC., ET AL. (2006-SC-425-DG)
"Negligence. Respondeat Superior. Guest Passenger of an Employee. May an employer be held responsible for injuries caused by an employee's negligence, where the injuries are suffered by a non-employee guest passenger and the guest's presence bestows no benefit on the employer?"
Discretionary review granted 11/15/2006
Montgomery Circuit Court, Judge Beth Lewis Maze
For Movant: Anne A. Chestnut and David A. Owen
For Respondents: Thomas K. Herren and Curtis J. Dickinson
(Note: Justice Cunningham is recused)

THURSDAY, DECEMBER 13, 2007

9:00 a.m. FRANCES V. FRANCES (2007-SC-76-DGE)
"Child Custody. Issues in this marriage dissolution proceeding relate to the trial court's award of primary physical custody of the child to the father, and the effect of the mother's relocation out-of-state on the determination of the child's best interest."
Discretionary review granted 3/14/2007
Trigg Circuit Court, Judge Bill Cunningham
For Movant: Julia T. Crenshaw
For Respondent: Sands Morris Chewning
(Note: Justice Cunningham is recused)

10:00 a.m. PENNINGTON V. MARCUM, F/K/A MILES (2006-SC-642-DG)
"Child Custody. Issues relate to the denial of a motion to modify a custody agreement based upon the residential custodian's relocation out of state with the child."
Discretionary review granted 1/18/2007
Boyd Circuit Court, Judge Marc I. Rosen
For Movant: Rhonda M. Copley
For Respondent: Martha A. Rosenberg
(Note: Justice Minton is recused)

11:00 a.m. COMMONWEALTH V. BISHOP, ET AL. (2006-SC-123-DG)
"Criminal Law. Arrest Powers. Issues include whether a fourth-class city's "Home Rule" powers may limit the authority of city police, absent emergency, to the municipal geographical boundaries."
Discretionary review granted 8/17/2006
Clay Circuit Court, Judge Jerry D. Winchester
For Movant: Bryan D. Morrow
For Respondents: Stephan Charles and Charles Edward Keith
(Note: Justice Minton is recused)
(Rescheduled from August 17, 2007)

FRIDAY, DECEMBER 14, 2007

9:00 a.m. COMMONWEALTH OF KENTUCKY V. S.K., ET AL.
(2006-SC-449-DG)
"Juvenile Court Jurisdiction. At issue is whether the juvenile court retains jurisdiction to enforce a restitution order after the juvenile public offender attains the age of majority."
Discretionary review granted 11/15/2006
Daviess Circuit Court, Judge Henry M. Griffin
For Movant: Daniel M. Burlew, II
For Respondents: Timothy G. Arnold

10:00 a.m. GRIPSHOVER V. GRIPSHOVER (2005-SC-000729-DG)
AND (CROSS-MOTION) GRIPSHOVER V. GRIPSHOVER
(2006-SC-000256-DG)
"Domestic Relations. Dissolution of Marriage. Division of Real Property. Issues include the extent and divisibility of marital interest in real property that has been placed in an irrevocable trust and the application of Brandenburg v. Brandenburg, 617 S.W.2d 871 (Ky. App. 1981)."
Discretionary review granted 3/15/2006 and 6/7/2006
Boone Circuit Court, Judge Linda Bramlage
For Movant/Cross-Respondent: David A. Koenig
For Respondent/Cross-Movant: D. Anthony Brinker
(Note: Justice Schroder is recused)
(Rescheduled from August 15, 2007)

11:00 A.M. WATSON V. BEST FINANCIAL SERVICES, INC.
(2006-SC-393-DG)
"Civil Procedure. Appealable Rulings. CR 54.02(1). Application of the rule to a situation where all claims by the plaintiff are resolved, but a counterclaim is still pending."
Discretionary review granted 11/15/2006
Taylor Circuit Court, Judge Allan Ray Bertram
For Movant: Stuart E. Alexander, III and Kathleen M.W. Schoen
For Respondent: John C. Miller
(Note: Justice Schroder is recused)
(Rescheduled from September 12, 2007)