SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: September 28, 2005

WEDNESDAY, NOVEMBER 16, 2005

9:00 a.m. STRATTON, ADMINISTRATOR V. COMONWEALTH OF KENTUCKY, CABINET FOR FAMILIES AND CHILDREN (2003-SC-580-DG)
"Sovereign Immunity. Sovereign immunity issues relate to whether Cabinet employees' alleged negligence in investigating suspected child abuse involved the performance of ministerial or discretionary acts."
Discretionary Review granted 8/18/2004
Franklin Circuit Court, Judge William L. Graham
For Movant: Carl D. Frederick, Paul Joseph Hershberg, Christopher A. Bates and Christopher S. Fox
For Respondent: Nora K. McCormick, Johann F. Herklotz, Brian C. Baugh and Alethea J. Howell

10:00 a.m. BAKER V. KAMMERER (2004-SC-85-DG)
"Personal Injury. Evidence. Mention of Insurance. The issue relates to the application of that portion of KRE 411 which allows evidence of the existence of insurance when offered for another purpose like bias of prejudice of a witness. The circuit court did not allow the employer of an insurance adjuster to be identified at trial, only allowing the adjuster to be referred to as "an investigator."
Discretionary Review granted 1/12/2005
Campbell Circuit Court, Judge Leonard L. Kopowski
For Movant: Charles T. Lester, Jr.
For Respondent: Timothy Brien Schenkel and Kelly A. Armstrong

11:00 a.m. STEPHENSON V. WOODWARD, ET AL. (2005-SC-603-TG) &
WILLIAMS V. WOODWARD, ET AL. (2005-SC-604-TG) &
(CROSS-MOTION) WOODWARD V. STEPHENSON (2005-SC-645-TG)
"Election Contest - office of State Senator from the 37th District of Kentucky"
Franklin Circuit Court, Judge William L. Graham
For Appellants: James E. Milliman, Donald H. Vish, Rebecca Grady Jennings, Paul Emmanuel Salamanca and Harland C. Hatter
For Appellees: Jennifer Ann Moore, H. Philip Grossman, Spencer D. Noe, and Donald Markam Wakefield

THURSDAY, NOVEMBER 17, 2005

9:00 a.m. KUBAJAK V. LEXINGTON-FAYETTE URBAN CO. GOVERNMENT (2003-SC-953-DG) AND KUBAJAK V. LEXINGTON-FAYETTE URBAN CO. GOVERNMENT (2003-SC-974-WC)
"Employment Law. Workers' Compensation. Work-related psychological injury not brought about by physical trauma. Claim filed under workers' compensation, as well as a civil suit. In the circuit court proceeding, if this is not an "injury" under the Workers' Compensation Act, is a civil suit nonetheless barred by the exclusive remedy provision of the act? In the workers' compensation proceeding, the issue is whether the evidence compels a finding that the gradual psychological/psychiatric injury was a direct result of a physically traumatic event or events."
Discretionary Review granted: 2/9/2005
Fayette Circuit Court, Judge Lewis G. Paisley
For Movant/Appellant: David B. Allen
For Respondent/Appellee: Leslye M. Bowman, Andrea L. Weddle, Robert L. Swisher, Sherri Porter Brown, Roger D. Riggs and William P. Emrick

10:00 a.m. COMMONWEALTH V. KELLY (2004-SC-385-DG)
"Criminal Law. Search and Seizure. Investigatory Stop. Citizen Informant. Issues include whether police had reasonable articulable suspicion of criminal activity to justify investigatory stop of motorist, making admissible the evidence obtained as a result of the stop."
Discretionary Review granted: 2/9/2005
Fayette Circuit Court, Judge Mary C. Noble
For Movant: George G. Seelig and Courtney J. Hightower
For Respondent: Robin Webb

11:00 a.m. RAGLAND V. COM. (2002-SC-388-MR) and (2003-SC-84-TG)
"Murder - 30 years"
Fayette Circuit Court, Judge Thomas L. Clark
For Appellant: William E. Johnson, J. Guthrie True and Jerry L. Wright
For Appellee: Connie Vance Malone and Matthew D. Nelson

FRIDAY, NOVEMBER 18, 2005

9:00 a.m. T & M JEWELRY, INC. V. HICKS (2003-SC-665-DG) AND (CROSS-MOTION)
HICKS V. T & M JEWELRY, INC. (2004-SC-797-DG)
"Negligence. Summary Judgment. Where defendant sold handgun to 18-year-old in violation of federal law but not state law, and purchaser shot plaintiff with same gun, issues include whether plaintiff may maintain action for negligence against seller, whether shooting was superseding cause of plaintiff's injuries and, on cross-motion, whether violation of federal statute amounted to negligence per se."
Discretionary review granted 9/16/2004 and 11/10/2004
Fayette Circuit Court, Judge Sheila Isaac
For Movants/Cross-Respondents: James D. Ishmael, Jr., Tiffany L. Phillips and Barry M. Miller
For Respondents/Cross-Movants: Robert L. Elliott and Joe C. Savage

10:00 a.m. KNOTTS, ET AL. V. ZURICH INSURANCE COMPANY, ET AL. (2004-SC-400-DG)
"Insurance. Unfair Claims Settlement Practices Act. KRS 304.12-230. Issues in this case include whether the Kentucky Unfair Claims Settlement Practices Act applies to conduct which occurs after the commencement of litigation or is limited to conduct during the claims adjustment period."
Discretionary review granted 2/9/2005
Jefferson Circuit Court, Judge Thomas McDonald
For Movants: Larry B. Franklin and Lee E. Sitlinger
For Respondents: James Douglas Harris, Jr. and Robert E. Stopher

11:00 a.m. AMERICAN PHYSICIANS ASSURANCE CORPORATION V. SCHMIDT, ET AL.
(2004-SC-171-DG)
"Insurance. Unfair Claims Settlement Practices Act. KRS 304.12-230. Issues in this case include whether the Kentucky Unfair Claims Settlement Practices Act applies to conduct which occurs after the commencement of litigation or is limited to conduct during the claims adjustment period."
Discretionary review granted 2/9/2005
Jefferson Circuit Court, Judge Stephen P. Ryan
For Movant: Mark G. Arnzen and Beverly R. Storm
For Respondents: Bixler W. Howland