SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: February 5, 2009

TUESDAY, MARCH 10, 2009

1:30 p.m. HIDALGO V. COMMONWEALTH OF KENTUCKY, ET AL. (2008-SC-429-OA) AND HON. A.C. MCCAY CHAUVIN, JUDGE V. COMMONWEALTH OF KENTUCKY, ET AL. (2008-SC-518-OA)
"Writ. Shock Probation."
Jefferson Circuit Court, Judge A.C. McCay Chauvin
For Appellant Hidalgo: Paul S. Gold
For Appellant Judge Chauvin: Stewart Christopher Burch and Max Harding Comley
For Appellee Commonwealth of Ky.: Teresa Ann Young and Jeanne Deborah Anderson

WEDNESDAY, MARCH 11, 2009

9:00 a.m. BLANKENSHIP V. COLLIER (2007-SC-916-DG) AND CARITAS HEALTH SERVICES, INC. V. COLLIER (2007-SC-921-DG)
"Medical Negligence. Summary Judgment. Timely Disclosure of Experts."
Discretionary Review granted 9/10/2008
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman
For Movant (Blankenship): David Bryan Gazak and James Eric Smith
For Movant (Caritas Health Services): Elizabeth U. Mendel, David R. Monohan and Rebecca Lynn Didat
For Respondent (Collier): Karl Price

10:00 a.m. JEWELL V. KENTUCKY SCHOOL BOARD ASSOCIATION (2008-SC-244-DG)
"Insurance. UIM Coverage. Basic Reparation Benefits. Subrogation. Double Recovery. Workers Compensation. Issues include the proper prioritization of claims against workers' compensation carrier, no-fault carrier, and UIM carrier."
Discretionary Review granted 9/10/2008
Whitley Circuit Court, Judge Paul Braden
For Movant: John E. Anderson, W. Patrick Hauser and Dennis L. Nagle
For Respondent: John Steven Harrison

11:00 a.m. MARTIN, ADMINISTRATRIX, ET AL. V. OHIO COUNTY HOSPITAL CORPORATION (2008-SC-211-DG)
"Torts. Issues include the propriety of jury consideration of recovery for alleged violation of the federal Emergency Medical Treatment and Active Labor Act and for "post-death loss of consortium."
Discretionary Review granted 8/13/2008
Ohio Circuit Court, Judge Ronnie C. Dortch
For Movants: Abram V. Conway II and Wanda McClure Dry
For Respondent: Ronald Sheffer and William Kenneth Burnham

THURSDAY, MARCH 12, 2009

9:00 a.m. MEECE, ET AL. V. FELDMAN LUMBER COMPANY (2007-SC-785-DG)
"Property. Timber. Damages. At issue is whether property owners should be awarded treble damages under KRS 364.130 for lumber removed by an entity without "color of title."
Discretionary Review granted 9/10/2008
Pulaski Circuit Court, Judge David A. Tapp
For Movants: John T. Mandt
For Respondent: John T. Aubrey
(Note: Justice Abramson is recused.)

10:00 a.m. CALOR V. ASHLAND HOSPITAL CORPORATION, ET AL. (2007-SC-573-DG) AND (CROSS-MOTION) ASHLAND HOSPITAL CORPORATION, ET AL. V. CALOR (2008-SC-317-DG)
"Defamation. Qualified Privilege. Interference with Contractual Relations. Instructions. Golden Rule Argument. Damages. In this case involving claims of defamation and interference with contractual relations, issues include whether the "common-interest" qualified privilege was abused; whether defendants were entitled to judgment on grounds of "statements of opinion" and "statements of truth"; whether jury was improperly instructed; whether counsel engaged in improper "Golden Rule" argument to jury; and whether damages awarded were excessive.
Discretionary Review granted 4/16/2008 and 6/11/2008
Boyd Circuit Court, Judge Marc I. Rosen
For Movant/Cross-Respondent: William C. Rambicure, Christopher D. Miller and Christopher B. Rambicure
For Respondents/Cross-Movants: Carl D. Edwards, Jr., Leigh Gross Latherow and Keri E. Lucas.
(Note: Justice Abramson is recused.)

11:00 a.m. NO ORAL ARGUMENTS

FRIDAY, MARCH 13, 2009

NO ORAL ARGUMENTS