SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: November 24, 2003

WEDNESDAY, JANUARY 14, 2004

9:00 a.m. BARTLEY V. EDUCATIONAL TRAINING SYSTEMS, INC. (2002-SC-476-DG)
"Premises Liability. Summary Judgment. Where business proprietor used a remnant of installed carpeting as a carpet runner, and plaintiff invitee allegedly tripped over the runner and fell, was there a genuine issue of material fact as to whether the presence of the runner constituted a dangerous condition?"
Discretionary Review granted 5/15/2003
Fayette Circuit Court, Judge Gary D. Payne
For Movant: Cullen Gault
For Respondent: J. Dale Golden, John W. Walters and Michael T. Davis

10:00 a.m. MONDIE V. COM. (2003-SC-534-DG)
"Criminal Law. Instructions. Expert Testimony. Issues include whether the trial court erred in (1) failing to instruct the jury on the defense of protection against burglary (KRS 503.080); and (2) admitting evidence relating to the location of shell casings through testimony from a police officer who was not qualified as an expert on ejection patterns, about a weapon which was not tested for ejection patterns."
Discretionary Review granted 4-17-2003
Casey Circuit Court, Judge William M. Hall
For Movant: Donald A. Thomas
For Respondent: Anitria M. Alo

11:00 a.m. JONES V. LATHRAM (2002-SC-590-DG)
"Qualified official immunity. Police officer involved in a car crash. Issues include (1) application of Yanero v. Davis, Ky., 65 S.W.3d 510 (2001); (2) whether the officer is entitled to qualified official immunity on the basis of making discretionary decisions, or whether the officer is exposed to liability for negligence in performing a ministerial act; (3) whether or how the ‘policy-making decision' test should be applied in determining whether an act is discretionary or ministerial; and (4) application of the statutes pertaining to drivers of emergency vehicles."
Discretionary Review granted 5/15/2003
Graves Circuit Court, Judge John T. Daughaday
For Movant: Charles Wayne Brien
For Respondent: Michael K. Bishop and Harlan E. Judd III

THURSDAY, JANUARY 15, 2004

9:00 a.m. WILLIAMS V. COM. (2002-SC-445-DG)
"Criminal law. Search and seizure. Issues include the scope of a warrantless search of the movant's person."
Discretionary Review granted 3/12/2003
Jefferson Circuit Court, Judge Barry Willett
For Movant: Elizabeth B. McMahon
For Respondent: Brian T. Judy

10:00 a.m. KY FARM BUREAU MUTUAL INSURANCE CO. V. RODGERS, NOW JOHNSON,
ET AL. (2002-SC-1044-DG)
"Punitive Damages. Issues include a due process challenge to an award of $1,000,000 in punitive damages for an insurer's bad faith refusal to pay policy limits of $50,000 in underinsured motorist benefits."
Discretionary Review granted 6/4/2003
Lincoln Circuit Court, Judge William T. Cain
For Movant: Michael D. Risley and Bethany A. Breetz
For Respondents: E. Andre Busald, M. Austin Mehr, Paul E. Salamanca and Wesley Brian Deskins

11:00 a.m. GERLAUGH V. COM. (2002-SC-382-MR)
"Robbery, First Degree - 20 Years."
Montgomery Circuit Court, Judge William B. Mains
For Appellant: Misty Dugger
For Appellee: Courtney J. Hightower

FRIDAY, JANUARY 16, 2004

9:00 a.m. KING V. COM. (2002-SC-730-DG)
"Criminal Law. Pre-trial identification. Photo pack. Claim of undue suggestiveness. Issues include (1) the factors to consider, and (2) simultaneous viewing by multiple witnesses."
Discretionary Review granted 5/15/2003
Knox Circuit Court, Judge Roderick Messer
For Movant: Bryce Hale Amburgey
For Respondent: Todd D. Ferguson

10:00 a.m. 3D ENTERPRISES CONTRACTING CORP. V. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT (2002-SC-285-DG)
"Contracts. Uniform Arbitration Act. Where contract-related dispute was submitted to arbitration in accordance with arbitration clause, and arbitrators made award to construction company, was court authorized by KRS 417.160(1)(c) or otherwise to vacate portion of award."
Discretionary Review granted 3/12/2003
Fayette Circuit Court, Judge Mary C. Noble
For Movant: Thomas E. Roma, Jr. and George Bruce Stigger
For Respondent: Edward W. Gardner and Thomas H. Glover

11:00 a.m. TURNER V. COM. (2001-SC-1054-MR)
"Murder, Second Degree Burglary, Theft - 40 Years."
Breathitt Circuit Court, Judge Larry Miller
For Appellant: Julie Namkin
For Appellee: Gregory C. Fuchs