ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: November 26, 2008

WEDNESDAY, JANUARY 14, 2009

9:00 a.m. MILLER, ET AL. V. HUTSON (2007-SC-317-DG)
"Real Property. Caveat Emptor. Summary Judgment. Issues include whether developer-seller, who contracted with another for construction of residence for sale, may be liable to purchaser for construction defects."
Discretionary Review granted 2/13/2008
Whitley Circuit Court, Judge Paul Braden
For Movants: David Ora Smith and Marcia A. Smith
For Respondent: Darrell L. Saunders

10:00 a.m. BREATHITT COUNTY BOARD OF EDUCATION V. PRATER
(2008-SC-41-DG)
"Interlocutory Appeals. Sovereign Immunity. Issues include whether interlocutory order denying claim of immunity is immediately appealable and, if so, whether school's provision of a residence on school property to house night watchman is a governmental function."
Discretionary Review granted 4/16/2008
Breathitt Circuit Court, Judge Larry Miller
For Movant: Michael J. Schmitt and Jonathan C. Shaw
For Respondent: Hershel Branson, Jr.

11:00 a.m. BRAVO DEVELOPMENT, INC. V. SINGLETON (2007-SC-769-DG)
"Unlawful Labor Practices. Election of Remedies. Issues include whether pursuit of unpaid wages through the Department of Labor precludes invocation of the court's original jurisdiction to pursue liquidated damages in court pursuant to KRS 337 .385 based on the same underlying unpaid wages claim."
Discretionary Review granted 4/16/2008
Campbell Circuit Court, Judge Fred A. Stine V
For Movant: Philip Douglas Barr, Andrew Christian Smith and Scott A. Carroll
For Respondent: Margo L. Grubbs and Sherrill P. Hondorf

THURSDAY, JANUARY 15, 2009

9:00 a.m. COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS V. JOHNSON, ET AL. (2007-SC-678-DG)
"Board of Claims. Highway Maintenance. Negligence. Issues include whether Department of Highways was entitled to judgment on grounds that it did not owe or did not breach duty of care with respect to roadside tree that motorist crashed into."
Discretionary Review granted 6/11/2008
Knox Circuit Court, Judge Gregory Allen Lay
For Movant: Andrew Martin Stephens
For Respondents: Denise Moore Davidson and George Mitchell Mattingly

10:00 a.m. HUNT V. COMMONWEALTH OF KENTUCKY (2006-SC-634-MR)
"Death Penalty-Murder, Burglary in the First Degree and Wanton Endangerment in the First Degree."
Floyd Circuit Court, Judge John David Caudill
For Movant: Randall L. Wheeler, Shelly R. Fears and Julia Karol Pearson
For Respondent: Matthew Robert Krygiel

FRIDAY, JANUARY 16, 2009

9:00 a.m. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT V. TDC GROUP, LLC, D/B/A MOLLY MALONE'S, ET AL. (2007-SC-315-DG) AND (CROSS-MOTION) TDC GROUP, LLC, D/B/A MOLLY MALONE'S V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, ET AL.
(2007-SC-581-DG)
"Administrative Law. Liquor Licensing. Issues involve (1) the manner of the measurement of the KRS 241 .075 minimum distance of 700 feet between retail liquor drink licensees in cities of the first class or consolidated local governments and (2) whether KRS 241 .075(2) violates the local or special legislation provisions of Ky. Const. §§ 59 and 60."
Discretionary Review granted 8/15/2007 and 10/24/2007
Franklin Circuit Court, Judge Roger Crittenden
For Movant/Cross-Respondent (Louisville/Jefferson County Metro Government): David A. Sexton
For Respondent/Cross-Movant (TDC Group): Kenneth Sidney Handmaker and Kevin Lee Chlarson
For Respondent (Alcoholic Beverage Control Board): Henry Joseph Curtis and
Matthew Scott Finley
(Justice Abramson is recused)

10:00 a.m. EMBERTON V. GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349, ET AL. (2007-SC-443-DG) AND (CROSS-MOTION) GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349, ET AL. V. EMBERTON (2008-SC-109-DG)
"Personal Injury. Statute of Limitations. Discovery Rule. In lawsuit based upon hepatitis A infection allegedly contracted at Red Lobster restaurant, issues include whether discovery rule tolls one-year statute of limitations."
Discretionary Review granted 2/13/2008 and 4/16/2008
Warren Circuit Court, Judge Steve Alan Wilson
For Movant/Cross-Respondent: Stephen L. Hixson and Casey Alan Hixson
For Respondents/Cross-Movants: Stefan Richard Hughes and Matthew Porter Cook

11:00 A.M. COMMONWEALTH OF KENTUCKY V. NICHOLS (2007-SC-493-DG)
"Criminal Law. Expert Testimony. Reciprocal Discovery Rule (RCr 7.24). Issue is whether prosecution is entitled to information about defense expert, including identity and summary of proposed testimony, when expert has generated no written report."
Discretionary Review granted 6/11/2008
McCracken Circuit Court, Judge Craig Z. Clymer
For Movant: Heather Michelle Fryman
For Respondent: Emily M. W. Roark