SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: October 27, 2004

WEDNESDAY, JANUARY 12, 2005

9:00 a.m. LUMPKINS, ET AL. V. CITY OF LOUISVILLE (2003-SC-267-DG) & CITY OF LOUISVILLE V. LUMPKINS, ET AL. (2003-SC-851-DG)
"Civil Rights. Jury Instructions. Issues include whether, in a ‘hostile work environment' racial discrimination action, jury instructions must include language to the effect that ‘an isolated incident, unless extremely serious, is insufficient to create a hostile work environment.' Issues on cross-motion include whether any tangible job detriment was suffered as a matter of law as well as arguments regarding the use of jury interrogatories in such cases and the amount of damages for embarrassment and humiliation."
Discretionary Reviews granted 10/15/2003 and 1/14//2004
Jefferson Circuit Court, Judge Denise Clayton
For Movants/Cross-Respondents: Glenn Alan Cohen, Paul Joseph Hershberg and Cynthia Lynn Effinger
For Respondent/Cross Movant: William C. Stone, Lisa A. Schweickart, Carrie Pearson Hall and Paul Guagliardo

10:00 a.m. POLLINI V. COM. (2003-SC-552-MR)
"Murder, First-Degree Burglary, Second-Degree Burglary, Receiving stolen property over $300. - Life without parole for 25 years."
Jefferson Circuit Court, Judge Stephen P. Ryan
For Appellant: Frank Wm Heft, Jr.
For Appellee: Ian G. Sonego

11:00 a.m. SCOTT V. SCOTT, (NOW SUMMERS) (2003-SC-443-DG)
"Child Custody. Jurisdiction. Uniform Child Custody Jurisdiction Act (UCCJA). Issues relate to the circuit court's jurisdiction to enforce its custody and visitation orders relating to a child living out-of-state."
Discretionary Review granted 5/12/2004
Livingston Circuit Court, Judge Bill Cunningham
For Movant: Tod D. Megibow
For Respondent: Anne M. Smith

THURSDAY, JANUARY 13, 2005

9:00 a.m. A.W., A CHILD UNDER EIGHTEEN V. COM. (2003-SC-424-DG)
"Juvenile Law. Contempt. KRS 635.060(4). At issue is (1) whether a juvenile division of district court is authorized to find a child in contempt of court for violation of conditions of probation imposed following the child's adjudication of guilt of a public offense; and (2) whether the 45-day limitation on detention contained in KRS 635.060 (4) applies to a penalty imposed upon a 14-year old juvenile for contempt of court."
Discretionary Review granted 5/12/2004
Campbell Circuit Court, Judge William J. Wehr
For Movant: Timothy G. Arnold
For Respondent: Robert E. List

10:00 a.m. TAYLOR V. COM. (2004-SC-18-MR)
"Post-conviction proceedings - Death Penalty."
Fayette Circuit Court, Judge Barry Willett
For Appellant: Thomas M. Ransdell
For Appellee: David A. Smith and Ian G. Sonego

FRIDAY, JANUARY 14, 2005

9:00 a.m. KY RETIREMENT SYSTEMS V. LEWIS (2002-SC-516-DG) & LEWIS V. KY RETIREMENT SYSTEMS (2003-SC-730-DG)
"KY Employees Retirement Systems. Exhaustion of Administrative Remedies. Administrative Procedure. Upon employee's second application for disability retirement benefits after denial of first application, was employee required to exhaust administrative remedies before bringing declaratory-judgement action challenging KRS's procedures for handling second application? If not, did KRS's procedures comport with statutory requirements? Among other things, did rejection of second application upon finding by single medical examiner that no substantial worsening of condition had occurred comport with KRS 61.600 and KRS 61.665?"
Discretionary Reviews granted 9/10/2003 & 2/11/2004
Franklin Circuit Court, Judge William L. Graham
For Movant/Cross Respondent: Jennifer A. Jones
For Respondent/Cross Movant: James P. Benassi

10:00 a.m. TAYLOR V. COM., DEPT. OF HIGHWAYS, TRANSPORTATION, ET AL.
(2003-SC-586-DG)
"Board of Claims. Highways. Lack of Guardrails. Negligence. Where automobile left traffic lanes and struck unprotected roadside bridge wall, did Dept. Of Highways have a duty to have installed a guardrail along bridge wall?"
Discretionary Review granted 5/12/2004
Daviess Circuit Court, Judge Thomas O. Castlen
For Movant: Charles E. Moore and Travis Leon Holtrey
For Respondents: Jerry Safford and G. Mitchell Mattingly

11:00 a.m. COM., TRANSPORTATION CAB., DEPT HIGHWAYS V. BABBITT, ET AL.
(2003-SC-556-DG)
"Board of Claims. Negligence. Highways. Lack of guardrails. Standards adopted by the Transportation Cabinet concerning the placement of guardrails. Issues include whether the Cabinet was negligent for failing to follow and comply with those standards or does the ‘no duty' analysis apply as found in Com., Transportation Cabinet v. Shadrick, Ky., 956 S.W. 2d 898 (1997)."
Discretionary Review granted 5/12/2004
Madison Circuit Court, Judge William T. Jennings
For Movant: Stewart Burch and Kevin Patrick Fox
For Respondents: James T. Gilbert and G. Mitchell Mattingly