Kentucky Personal Injury and Insurance

Green's View of Kentucky Law

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Archived Cases by Subject

Apportionment

     - Effect of Dismissal on the Merits

     - Effect of Directed Verdict Before Evidence of Negligence was Introduced

     - Effect of Reversal of Part of Apportioned Verdict

Arbitration

     - Absence of an Enforceable Contract Precludes Jurisdiction under KRS 417.200

      - Partial Application of Arbitration Agreement

      - Unconsionability

      - Unenforceable where agreement was signed by daughter who had no POA

      - Confirmation of Award

Automobile

     - Parked vehicle as a cause

Battery

     - Statutory Immunity

Bonds

     - Contractual Limitations of Action

Causation

     - Intervening Superseding Cause

Damages

     - Loss of Earning Capacity

     - Wrongful Death - Spousal Consortium Extended to Death Claims

     - Duty to Mitigate

     - Damages – Role of Corporate Lost Revenue in Calculating Lost Wages

Defamation

     - Quasi-judicial/administrative proceeding

     - Privilege

     - Qualified Privilege

Discovery

     - Social Security Records

Duty

     - Universal Duty Concept Refuted

     Liability for Acts of Third Persons

          - Auto Dealer’s Duty for Accident while Customer Test Drives Car

          - Protection of Invitee from Acts of Third Persons

     Negligent Hiring and Retention

          - Causation

- Causation

          - Unreasonable Danger

     Training of Employees

          - Duty to Train

     Police Officers

          - Duty of Police Officer - Immunity

Employment

    - Redefinition of Job Qualifications as Race Discrimination

     - Retaliation

     - Public Policy Exception to At-Will - Refusal to Commit a Crime

    - State Employee Whistleblower Statute (KRS 61.102)

    - Public School Teachers Certification

    - Termination of Political Rival

    - Whistleblower Statute KRS 61.101

    - Whistleblower Statute (KRS 61.101) - To Whom Applicable

    - Wrongful Discharge Claim for Union Organizing is Preempted by NLRA

    - Disability Discrimination - Qualified Individual

- Disability Discrimination - Adverse Employment Action

    - Disability Discrimination - Legitimate Business Reason

    - Disability Discrimination - Harassment

    - Preemption by Kentucky Civil Rights Act

    - Sex - Harassment

    - Sex Discrimination - Qualified for Position

    - Sex Discrimination - Similiarly Situated Non-Protected Employees

- Disability Discrimination - Otherwise Qualified

Exclusive Remedy

- Up the Ladder Immunity

- Waiver

     - Scope and Course

     - Sister Companies

Fiduciary Duty

     - Aiding and Abetting

     - Aiding and Abetting

Fraud

     - Business Projections as Misrepresentation of Fact

Insurance

     - Authority to Settle

     - No-Fault - Credit for Benefits Paid or Payable

     - No-Fault – Standing of Providors

     - UM - Hit and Run

     - UM - Hit and Run

     - UM -Disability Subrogation Claim

     - UIM Applicability to Recovery of Workers’ Compensation

     - UIM Rights Lost Where Coots Letter Only Advised of Offer, Not Settlement

     - UIM - Earle v Cobb does not Apply Without a Coots Settlement

     - UIM - Estoppel based on "Fronting" the Settlement Funds Under Coots

     - Ownership of Newly Acquired Auto

     - No-Fault - Added Reparation benefits

     - Insured Has No Duty to Bring Suit for Property Damage

     - Claims Made – Continuous Coverage

Intentional Torts

     - Outrage

     - Outrage

     - False Imprisonment

Misrepresentation

     - Future Acts

Premises

     - Landowner’s Duty to Warn Independent Contractors (Asbestos)

     - Open and Obvious Conditions

     - Open and Obvious Conditions

     - Landlord Tenant - Duty to Repair

Prisoners

     - Duty to Pay for Medical Expense

Procedure

     - Failure to Answer Rule 8 Interrogatories

     - Summary Judgment

     - Revival Where Plaintiff Dies During Litigation

Product Liability

     - Product Liability – Liability for the Product of Others

     - Economic Loss Doctrine

     - Product Liability – Asbestos - Causation

     - Foreign Manufacturers and the Middleman Statute

     - Product Liability - Preemption of Generic Drug Labeling

Professional Negligence

     Medical Malpractice

          - Court Rejects Negligence Per Se Rule in Retained Objects Cases

          - Foreign Objects

          - Physician testifying on nurse’s standard of care

          - Psychiatrist Duty to Warn

          - EMTALA

          - Informed Consent

          - Peer Review

     Attorneys

          - Relationship

          - Duty to Third Party Beneficiary

          - Case Within the Case

          - Assignment

Punitive Damages

     - Vicarious Responsibility

     - Reckless Disregard

     - Constitutional Limitations

Relational Torts

     Intentional Interference with Contract

          - Lawful Contract

Settlement

     - Right to Settle for Items of Damage Not Recoverable at Law

     - Release with Agreement to Indemnify for Subrogation as Applicable to No-Fault

     - Rescission of Release for Mutual Mistake

     - Assignment with Covenant not to Enforce

Sovereign Immunity

     - Agents of State - Volunteer Fire Department

     - Agents of State - Airport Board

Standard of Care

     - Necessity for Experts

Statute of Limitations

     - Tolling Provision if Dismissed for Lack of Jurisdiction

     - Board of Claims

     - Fraudulent Concealment KRS 413.190(2)

     - Discovery Rule

Subrogation

     - ERISA Lien

Sudden Emergency

     - Brake Failure

     - Impact of Sudden Emergency

Trespass

     - Treble Damages for Cutting Timber under KRS 364.130

Work Product

     - Witness Statements Taken by Insurance Adjustor Protected

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