Revised 04/02/2009

SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: March 4, 2009

WEDNESDAY, APRIL 15, 2009

9:00 a.m. MULLINS V. PICKLESIMER (2008-SC-484-DGE)
"Child Custody. Issues include whether the biological mother waived her superior right of custody, thus permitting a joint custody award by having acknowledged her same sex partner as a parent of the child, co-parenting the child prior to separation of the couple and later allowing extensive timesharing and visitation with the child."
Discretionary Review granted 1/14/2009
Garrard Circuit Court, Judge C. Hunter Daugherty
For Movant: William R. Erwin
For Respondent: Robin Renee Slater

10:00 a.m. COMMONWEALTH OF KENTUCKY V. LOPEZ (2008-SC-308-DG)
"Criminal Law. Probation Revocation. Uniform Code of Military Justice. The primary issue concerns the weight that courts should give to violations of the UCMJ which do not necessarily constitute an independent offense under Kentucky law."
Discretionary Review granted 9/10/2008
Hardin Circuit Court, Judge Kelly M. Easton
For Movant: Heather Michelle Fryman
For Respondent: Sheldon S. Mirkin

11:00 a.m. SOLINGER M.D., ET AL. V. PEARSON, ET AL. (2007-SC-389-DG) AND (CROSS-MOTION) PEARSON V. SOLINGER, M.D., ET AL.
(2008-SC-133-DG)
NORTON HOSPITAL, INC. V. PEARSON (2007-SC-414-DG) AND
(CROSS-MOTION) PEARSON V. NORTON HOSPITAL, INC.
(2008-SC-134-DG)
"Civil Procedure. Summary Judgment. Expert Witnesses. Issues in this medical malpractice action include whether the trial court erred in entering summary judgment in favor of the defendants after the then-pro se plaintiff failed to disclose timely her expert witnesses."
Discretionary Review granted 2/13/2008 and 4/16/2008
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman
For Movants/Cross Respondents (Solinger, et al.): James Patrick Grohmann and Katherine K. Vesely
For Movant/Cross-Respondent (Norton Hospital, Inc.): Bradley R. Hume and Beth Hendrickson McMasters
For Respondent/Cross-Movant (Pearson): Alan Steven Rubin

THURSDAY, APRIL 16, 2009

9:00 a.m. MAULDIN, ET AL. V. BEARDEN (2008-SC-557-DGE)
"Child Custody and Visitation. Issues include whether Kentucky retained jurisdiction over visitation under KRS 403.824, a UCCJEA provision adopted
in 2004."
Discretionary Review granted 1/14/2009
Jefferson Circuit Court, Judge Stephen M. George
For Movants: Mitchell A. Charney and Stephanie Lynn Morgan-White
For Respondent: Armand I. Judah

10:00 a.m. ASSOCIATED INSURANCE SERVICE, INC., ET AL. V. GARCIA, M.D., ET AL. (2008-SC-037-DG) AND AON RISK SERVICES INC. OF OHIO, ET AL. V. GARCIA, M.D., ET AL. (2008-SC-044-DG).
"Professional negligence case against an insurance agent and broker. Assignment of claims. Summary judgment."
Discretionary Review granted 9/10/2008
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movant (Associated Insurance Service): Frank P. Doheny, Jr. and Michael C. Merrick
For Movant (Aon Risk Services): Mark Scott Riddle, Brent Robert Baughman and P. Blaine Grant
For Respondents: Larry B. Franklin and Leroy E. Sitlinger, Jr.

FRIDAY, APRIL 17, 2009

NO ORAL ARGUMENTS