ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: November 21, 2007

WEDNESDAY, JANUARY 16, 2008

9:00 a.m. COMMONWEALTH V. MCBRIDE (2005-SC-539-DG) AND (CROSS MOTION) MCBRIDE V. COMMONWEALTH (2005-SC-930-DG)
"Criminal Law. Sex Offender Registration. KRS 17.510. Hearsay. Issues relate to (1) whether a sex offender from another state who moves to Kentucky and fails to register in Kentucky as a sex offender violates KRS 17.510(7) if he is not first informed of his statutory duty to register; and (2) whether jury instructions relating to violation of KRS 17.510(7) must include a knowing mens rea. On cross motion, issues include allegations of improper hearsay testimony."
Discretionary Review granted 11/16/2005 and 1/11/2006
Montgomery Circuit Court, Judge Beth Lewis Maze
For Movant/Cross-Respondent: Gregory C. Fuchs
For Respondent/Cross-Movant: Irvin Halbleib, Jr.
(Note: Justice Schroder and Justice Cunningham are recused --
Special Justices Mark C. Whitlow and Jeffrey C. Mando sitting)
(Rescheduled from March 14, 2007)

10:00 a.m. NAZAR, M.D., ET AL. V. BRANHAM, EXECUTRIX (2004-SC-1015-DG)
AND (CROSS-MOTION) BRANHAM, EXECUTRIX V. NAZAR, M.D., ET AL. (2005-SC-834-DG)
"Medical Negligence. Issues include whether defendant surgeon was entitled to jury determination of whether he was negligent when a surgical retaining hook was left in patient following surgery, as opposed to being held negligent as a matter of law pursuant to Laws v. Harter, 534 S.W .2d 449 (Ky. 1976); on cross-motion, whether surgeon could be found vicariously liable for negligence of operating-room staff in failing to count hooks."
Discretionary review granted 10/12/2005 and 11/16/2005
Jefferson Circuit Court, Judge Stephen K. Mershon
For Movants/Cross-Respondents: Gerald R. Toner, James P. Grohmann, Cathleen Charters Palmer, and Beth Coppock Massey
For Respondent/Cross-Movant: Kevin C. Burke, and T. Wesley Faulkner
(Note: Justice Minton, Justice Schroder are recused --
Special Justices Walter A. Baker and Jeffrey C. Mando sitting)
(Rescheduled from March 16, 2007)

11:00 a.m. THOMAS V. THOMAS (2006-SC-526-DG)
"Dissolution of Marriage. Property Division. Procedure. Issues include whether party in divorce proceeding was entitled to supplemental evidentiary hearing on property matters where Domestic Relations Commissioner's written report was filed more than four years after conclusion of hearings, whereas KRS 454.350(2) requires filing of report within ninety days."
Discretionary Review granted 11/15/2006
Calloway Circuit Court, Judge Dennis Foust
For Movant: Dennis Jack Lortie
For Respondent: Stephen Deemis Vidmer
(Note: Justice Minton is recused)

THURSDAY, JANUARY 17, 2008

9:00 a.m. COMMONWEALTH V. OLIVER (2006-SC-385-DG)
"Criminal Law. Instructions. Lesser Included Offenses. Limitations. Issues relate to whether the trial court must give a lesser-included-offense instruction on a time-barred misdemeanor offense; whether a request for the instruction is an implicit waiver of a limitations defense; and the effect of Spaziano v. Florida, 468 U.S. 447 (1984), on the issues raised."
Discretionary Review granted 10/12/2006
McCracken Circuit Court, Judge Craig Z. Clymer
For Movant: William Robert Long, Jr.
For Respondent: Samuel N. Potter

10:00 a.m. LIGHT, ET AL. V. CITY OF LOUISVILLE, ET AL. (2005-SC-759-DG)
AND (CROSS MOTION) CITY OF LOUISVILLE, ET AL. V. LIGHT, ET AL. (2006-SC-371-DG)
"Taxation. Taxing Districts. Cities. Class Actions. Issues include whether city using county's property assessment for tax basis was required to set its property tax rate increase within 45 days after Revenue Cabinet certified county tax roll; and whether taxpayers may maintain class action for refunds. KRS132.285; KRS 132.0225."
Discretionary review granted 5/10/2006 and 8/17/2006
Jefferson Circuit Court, Judge Lisabeth Hughes Abramson
For Movants/Cross-Respondents: Walter L. Sales, Deborah T. Eversole, and Timothy J. Eifler
For Respondents/Cross-Movants: Thomas J. Luber, Mitzi D. Wyrick, Sara Christine Veeneman
(Justice Abramson and Justice Schroder are recused --
Special Justices Victor B. Maddox and James E. Parsons sitting)

11:00 a.m. CHAPPELL, ET AL. V. KUHLMAN ELECTRIC CORPORATION
(2006-SC-140-DG) AND KUHLMAN ELECTRIC CORPORATION V. CHAPPELL, ET AL. (2006-SC-144-DG)
"Professional Negligence. Damages. In this legal malpractice action, issues include: (1) whether the fiduciary duties of an attorney retained by an insurer
to represent an insured employer in the reopening of a prior workers' compensation proceeding also extend to the employer in its current capacity as self-insured ; and, if so, (2) whether the insured sustained damages as a result of the attorney's placing the interests of the insurer (or the employer as an insured) ahead of those of the employer in its capacity as self-insured."
Discretionary Review granted 9/13/2006
Fayette Circuit Court, Judge John R. Adams
For Stephen R. Chappell, etc., et al.:
Guy R. Colson and Elizabeth S. Feamster
For Kuhlman Electric Corporation:
John C. Morton, Samuel J. Bach, William C. Rambicure, Christopher D. Miller, and Kurt Richard Denton
For Amerisure Mutual Insurance Company, etc.:
Robert E. Stopher and Robert D. Bobrow
(Justice Schroder not sitting)

FRIDAY, JANUARY 18, 2008

9:00 a.m. COMMONWEALTH V. HUFFINES (2006-SC-460-DG)
"Criminal Law. Probation Revocation . Issues involve the effect of delays of a revocation hearing until after expiration of the probation period."
Discretionary Review granted 10/12/2006
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movant: Michael Harned
For Respondent: Barry M. Trifiletti

10:00 a.m. CRAIG & BISHOP. INC. V. PILES, ET. AL. (2005-SC-999-DG) AND (CROSS-MOTION) PILES, ET AL. V. CRAIG & BISHOP, INC. (2006-SC-432-DG)
"Kentucky Consumer Protection Act. Punitive Damages. Issues include whether used car dealer's assurances as to the availability of financing for purchase of a vehicle violated the Kentucky Consumer Protection Act, and whether punitive damages awarded by the jury were excessive. On cross motion, issues relate to whether a cause of action exists for common law fraud based on a promise of future conduct and whether an award of damages for inconvenience was improperly circumscribed."
Discretionary Review granted 6/7/2006 and 8/17/2006
Jefferson Circuit Court, Judge Stephen K. Mershon
For Movant/Cross-Respondent: Fred E. Fischer, III and Joseph Michael Kelly
For Respondents/Cross-Movants: Ellen G. Friedman

11:00 A.M. FLEGLES, INC. V . TRUSERV CORPORATION (2006-SC-471-DG)
AND (CROSS MOTION) TRUSERV CORPORATION V. FLEGLES, INC. (2007-SC-155-DG)
"Fraud. Juror Bias. Change of Venue. Issues include the appropriate evidence and proper requirements for proof of a fraud claim, and the distinction between fraud and mere puffing or sales talk. On cross motion, additional issues include questions relating to juror bias, change of venue, a contractual forum-selection
clause, and waiver of the fraud claim."
Discretionary review granted 2/14/2007 and 4/11/2007
Carlisle Circuit Court, Judge William Lewis Shadoan
For Movant/Cross-Respondent: Michael W. Hogancamp and Jim L. Flegle
For Respondent/Cross-Movant: Virginia Hamilton Snell and Jean W. Bird