ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: May 7, 2004

WEDNESDAY, JUNE 9, 2004

9:00 a.m. HILBERT V. COM. (2002-SC-95-MR)
"Murder, 2 counts - 27 years and life without the possibility of probation or parole for 25 years"
Nelson Circuit Court, Judge Larry Raikes
For Appellant: Thomas M. Ransdell
For Appellee: Susan Roncarti Lenz

10:00 a.m. AETNA CASUALTY & SURETY CO., ET AL. V. ENVIRONMENTAL & PUBLIC
PROTECTION CABINET, ET AL. (2002-SC-307-DG) To be heard with:
HITTMAN NUCLEAR & DEVELOPMENT CORP., ET AL. V. AETNA CASUALTY &
SURETY CO., ET AL. (2003-SC-407-DG) To be heard with:
ATCOR, INC., ET AL. V. AETNA CASUALTY & SURETY CO., ET AL. (2003-SC-408-DG)
"Nuclear Hazard Liability Insurance. Declaration of insurance companies' liability to indemnify and/or defend insureds in administrative proceedings relating to costs associated with the abatement and cleanup of environmental damage at Maxey Flats Low-Level Radioactive Waste Disposal Facility"
Discretionary Reviews granted 5-15-2003 & 8-13-2003
Jefferson Circuit Court, Judge John Woods Potter
For Aetna Casualty, et al.: O. Grant Bruton, C. Kent Hatfield, Kenneth I. Jonson,
Roger E. Warin, Samuel T. Perkins and John W. Bilby
For Environmental & Public Protection Cab., et al.: C. Michael Haines, Richard M. Sullivan, Edward F. Busch, Kenneth A. Bohnert, Eugene L. Mosley, Neal R. Brendel, James R. Segerdahl, Christopher C. French, Anne Courtney Coorssen, Kevin M. Murphy, Irvin D. Foley and Kenneth Schuler

THURSDAY, JUNE 10, 2004

9:00 a.m. DAVENPORT V. COM. (2002-SC-483-MR)
"Murder and first degree robbery - 50 years"
McCreary Circuit Court, Judge Paul Braden
For Appellant: Randall L. Wheeler
For Appellee: Michael Harned, Samuel J. Floyd, Jr. and John R. Tarter

10:00 a.m. PEDIGO V. BREEN (2003-SC-28-DG)
"Legal Malpractice. Limitations. At issue is whether, as required by KRS 413.245, plaintiff's cause of action for legal malpractice was timely filed within one year of the date her alleged legal harm became fixed and nonspeculative."
Discretionary Review granted 12-11-2003
Warren Circuit Court, Judge Janet P. Coleman
For Movant: Michael A. Schafer
For Respondent: Barton D. Darrell and Elizabeth W. Burt

11:00 a.m. TRIAD DEVELOPMENT/ALTA GLYNE, INC., ET AL. V. GELLHAUS, ET AL.
(2002-SC-733) To be heard with cross motion: GELLHAUS, ET AL. V. TRIAD DEVELOPMENT/ALTA GLYNE, INC., ET AL. (2003-SC-398-DG)
"Land Use Planning and Zoning. Issues include whether, even absent an appeal of a KRS 100.347(5) ‘final action' in the form of a planning commission approval of a development plan, an appeal may be taken from subsequent approval of a construction plan."
Discretionary Reviews granted 5-15-2003 & 9-10-2003
Jefferson Circuit Court, Judge Thomas Wine
For Triad, et al.: Dustin E. Meek, Brian F. Haara, Paul B. Whitty, J. Mark Grundy, Ann Toni Kereiakes, Deborah A. Bilitski, B. Frank Radmacher III, Laurence Zielke, John H. Dwyer, Jr., Nancy J. Schook, Marshall P. Eldred, Jr. and Rebecca Anne Wood
For Gellhaus, et al.: Patricia A. Abell and Richard M. Trautwein

FRIDAY, JUNE 11, 2004

9:00 a.m. SHELTER MUTUAL INSURANCE CO. V. ARNOLD (2002-SC-373-DG)
"Insurance. Motor Vehicle. Physical Contact Requirement. In an action seeking damages resulting from an accident caused by a hit-and-run driver, at issue is whether the ‘physical contact' requirement for recovery of uninsured motorist benefits is satisfied when an unidentified hit-and-run vehicle strikes another vehicle which in turn strikes the insured vehicle, but there is no actual physical contact between the insured vehicle and the hit-and-run vehicle."
Discretionary Review granted 12-11-2003
Jefferson Circuit Court, Judge Barry Willett
For Movant: William S. Bowman and Michael P. Reilly
For Respondent: Robert G. Lohman, Jr.

10:00 a.m. RAMSEY V. COM. (2002-SC-842-MR)
"First degree wanton endangerment, DUI (fourth offense). Driving with a suspended license (third offense), first degree PFO. - 20 years"
Pulaski Circuit Court, Judge Daniel J. Venters
For Appellant: John Palombi
For Appellee: Connie Vance Malone and Perry T. Ryan

11:00 a.m. HORNE V. PRECISION CARS OF LEXINGTON, INC. (2002-SC-104-DG)
"Torts. Personal Injury. Outdoor slip and Fall. Issues include application of the ‘open and obvious' standard with respect to injury sustained by a car dealership customer who tripped over a partially obscured concrete bumper guard in the dealership parking lot."
Discretionary Review granted 12-11-2003
Fayette Circuit Court, Judge John R. Adams
For Movant: Avery L. Stanley and Marilee Stephenson
For Respondent: Andrew N. Clooney and Mark Edward Hammond