ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: September 8, 2006

THURSDAY, OCTOBER 12, 2006

9:00 a.m. CUMBERLAND VALLEY CONTRACTORS, INC., ET AL. V. BELL COUNTY COAL CORPORATION, ET AL. (2000-SC-951-DG) AND BELL COUNTY COAL CORPORATION, ET AL. V. CUMBERLAND VALLEY CONTRACTORS, INC., ET AL. (2004-SC-1121-DG)
"Punitive Damages. Lost Profits. Contracts. Issues include: (1) whether a plaintiff is entitled to a punitive damages instruction concerning allegations of a defendant's violations of mandatory safety statutes and regulations, (2) sufficiency of proof of lost profits, and (3) (on cross-motion) contract issues."
Discretionary Review granted 12/8/2004 and 2/9/2005
Bell Circuit Court, Judge Farmer H. Helton
For Movants/Cross-Respondents: Jacob P. Cline and Elizabeth U. Mendel
For Respondents/Cross-Movants: Perry M. Bentley, J. Peter Cassidy, Jr., Todd S. Page, and Palmer G. Vance, II

10:00 a.m. MOORE, ET AL. V. GLOBE AMERICAN CASUALTY COMPANY (2005-SC-544-DG)
"Insurance. Auto. Uninsured Coverage. Rejection by an Insured. Was the application for insurance (provided by the company) misleading and therefore in violation of public policy, by possibly creating an improper impression that uninsured coverage was not part of basic coverage which could be rejected, but was instead optional additional coverage which could be refused?"
Discretionary review granted 2/15/2006
Clay Circuit Court, Judge R. Cletus Maricle
For Movants: Warren A. Taylor
For Respondent: William D. Kirkland, Karen G. Chrisman, and J. Bradford Derifield

11:00 a.m. WILLILAMS V. COMMONWEALTH (2004-SC-1006-DG)
"Criminal Law. Rape in the Third Degree. Instructions. Criminal Attempt as a Lesser Included Offense. Sentencing. Palpable Error. Issues include whether, in view of the evidence, defendant being tried for rape in the third degree was entitled to instruction on attempt as a lesser included offense; and whether evidence and argument regarding parole eligibility in sentencing phase constituted palpable error resulting in manifest injustice."
Discretionary review granted 8/17/2005
Calloway Circuit Court, Judge Dennis Foust
For Movant: Raymond Dycus McGee
For Respondent: Perry T. Ryan

FRIDAY, OCTOBER 13, 2006

9:00 a.m. ROSS, ET AL. V. POWELL, ET AL. (2004-SC-8-DG)
"Real Estate Contract. Sellers' Disclosure of Property Condition. Issues include whether material questions of fact exist as to whether the sellers' disclosures of property history misrepresented the condition of the property."
Discretionary review granted 1/11/2006
Fayette Circuit Court, Judge Sheila Isaac
For Movants: Phillip M. Moloney and Andrew Dail Desimone
For Respondents: Carroll M. Redford, III

10:00 a.m. ABNEY V. NATIONWIDE MUTUAL INSURANCE COMPANY, ET AL. (2004-SC-937-DG)
"Insurance. Release. Specific Identity Rule. KRS 411 .182(4). In this tort action arising from a traffic accident, issues relate to whether a preprinted release form which specifically names only a tortfeasor and her insurance company but also contains language releasing "all other persons, firms or corporations liable" constitutes a general release of all other persons not specifically identified or mentioned in the release."
Discretionary review granted 8/17/2005
Bourbon Circuit Court, Judge Paul F. Isaacs
For Movant: James D. Decker
For Respondents: Gregory L. Smith and D. Craig Dance

11:00 a.m. HEARD V. COMMONWEALTH (2004-SC-551-DG)
"Criminal Law. Hearsay. Issues include whether statements made by victim to police officer are inadmissible "testimonial" hearsay under Crawford v. Washington, 541 U.S. 36 (2004)."
Discretionary review granted 4/13/2005
Fayette Circuit Court, Judge John R. Adams
For Movant: Matthew Boyd
For Respondent: Louis F. Mathias, Jr.