UPS AIRLINES v. West
Kentucky Supreme Court · 2012-05-24 · cited 2×
This case involved a UPS pilot who received both voluntary workers' compensation temporary total disability benefits and Loss of License benefits under a collective bargaining agreement after a work-related back injury. UPS sought a full dollar-for-dollar credit under KRS 342.730(6) against its liability for past and future income benefits for all Loss of License payments made. The Supreme Court of Kentucky held that the statute permits credit only to the extent the Loss of License benefits overlap with or duplicate the workers' compensation benefits awarded, but does not authorize a complete offset against non-overlapping amounts or future benefits; it also clarified that benefits funded exclusively by the employer qualify for potential credit even if obtained through collective bargaining. The decision reversed the lower courts' conclusion that the benefits were not employer-funded solely because they were bargained for, while affirming the denial of a full credit.
labor & employment
Humana, Inc. v. Blose
Kentucky Supreme Court · 2008-03-20 · cited 3×
The case concerned whether an employee who signed a release and waiver of claims in exchange for severance pay could later sue her former employer for disability discrimination and other statutory violations under Kentucky law. The trial court had dismissed the suit based on the release, but the Court of Appeals directed it to follow prior precedent allowing only a damages counterclaim for breach rather than dismissal. The Kentucky Supreme Court reversed that portion of the appellate decision, holding that a valid release extinguishes statutory civil rights claims and may be asserted as a defense to bar the action. The court relied on its earlier rulings that parties may knowingly waive such statutory rights and that releases generally discharge claims without fraud or duress. The matter was remanded for further proceedings consistent with this opinion on the release's validity.
labor & employmentcivil rights
KENTUCKY BAR ASS'N v. Carmichael
Kentucky Supreme Court · 2008-01-24 · cited 11×
The case involved Lawrence R. Carmichael, a licensed Kentucky attorney and elected Commonwealth’s Attorney, who was convicted in federal court of attempted extortion after attempting to obtain $50,000 to $100,000 from a pawnshop owner in exchange for not prosecuting him on illegal gambling charges. The Kentucky Bar Association charged him with violating professional conduct rules SCR 3.130-8.3(b) and (c), which prohibit criminal acts reflecting adversely on a lawyer’s honesty or fitness and conduct involving dishonesty. Carmichael sought to introduce post-conviction evidence suggesting the victim had falsely testified, but the court ruled that a criminal conviction is conclusive proof of guilt and cannot be relitigated or used as mitigation in disciplinary proceedings. The court permanently disbarred Carmichael, concluding that his abuse of prosecutorial authority justified the sanction despite his lack of prior discipline.
criminal law
Rowan County v. Sloas
Kentucky Supreme Court · 2006-09-26 · cited 204×
The case involved William Sloas, a state prisoner participating in Rowan County's Class D work program, who was injured when a tree cut by another inmate fell on him while clearing brush for a county road project. Sloas sued Rowan County, the jailer, and a deputy jailer for negligent supervision and training, seeking damages for the broken leg. The Kentucky Supreme Court affirmed summary judgment for the county on sovereign immunity grounds and for the officials in their official capacities on absolute immunity, but reversed the Court of Appeals by granting the jailer and deputy qualified official immunity in their individual capacities. The core reasoning was that supervising the work program involved discretionary acts rather than ministerial duties, and there was no evidence of bad faith or violation of clearly established rights that would overcome the immunity.
criminal lawproceduretorts & liability
O'BRYAN v. Cave
Kentucky Supreme Court · 2006-09-21 · cited 65×
The case involved beneficiaries of a will who sued the drafting attorney for legal malpractice, alleging negligence in failing to advise the client about the surviving spouse's right to renounce the will and claim dower rights after a survivorship deed was executed, which allegedly reduced their inheritance by about $14,000. The trial court granted summary judgment to the attorney, but the Court of Appeals reversed, finding circumstantial evidence created a factual issue. The Kentucky Supreme Court reversed the Court of Appeals and reinstated the summary judgment, holding that the attorney met his burden by testifying he provided the advice and the plaintiffs offered no affirmative evidence beyond speculation to show a breach of the standard of care. The court emphasized that summary judgment is appropriate when the opposing party cannot produce evidence warranting a judgment in their favor.
propertyproceduretorts & liabilityfamily law
KENTUCKY BAR ASS'N v. Nemes
Kentucky Supreme Court · 2006-08-24 · cited 1×
The case involved Jason Michael Nemes, a newly admitted Kentucky lawyer, who attended but arrived late to the second day of the required New Lawyer Skills Program due to a work-related luncheon with the Chief Justice, causing him to miss thirty minutes beyond the grace period and fail to complete the program within twelve months of admission under SCR 3.652(5). The Kentucky Bar Association CLE Commission petitioned the Supreme Court of Kentucky to suspend Nemes or impose other sanctions under SCR 3.652(9) for noncompliance. The court declined to suspend him, instead ordering a $300 fine, requiring him to make up the missed portion at the next available program, and barring him from seeking non-hardship time extensions for the following two education years. The core reasoning was that the rules mandated some sanction even for a de minimis infraction with extenuating circumstances tied to official court business.
procedure