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Kentucky Supreme Court

Leans Pro Freedom
Total Judgeships: 

7 (0 vacancies)

Political Makeup: 

Non-Partisan

Location(s): 
Frankfort
Caseload: 

500

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LISTEN NOWThe Freedom Files Podcast Episode 37: Shon HopwoodListen Here
decided

Slip-Up In Parking Lot Clears Up Liability

Thu, 06/19/2014

Hanik v. Christopher & Banks, Inc: Hanik is an employee at Christopher & Banks which is situated in a shopping mall. The store directs its employees to park in two specific parking lots, in one of which Hanik slipped and fell on ice when traveling to her vehicle. Hanik filed suit against C&B seeking compensation for her injuries but issues arose when C&B claimed that Hanik’s fall did not occur on their premises.

Decision

The Supreme Court of Kentucky ruled that the injury did not happen on C&B’s premises but rather on the shopping mall’s premises. As a result, the Court determined that compensation for Hanik’s injuries should not be awarded. This decision liberates all department stores in such situations from liability concerning their employees and separates the stores from the environment provided by the business fronts that the stores rent to operate out of.

Read the full decision here
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Checking the Power of the Board of Health

Thu, 06/19/2014

Bullitt Fiscal Court v. Bullitt County Board of Health: The Board of Health issued new regulations that prohibited smoking tobacco in all enclosed public places, including inside a number of businesses that are smoking-related. The Appellants argue that the Board created their rule, which is applied as a substantive law, without acting under enabling legislation. In summary, the Appellants argue that the Board abused its powers and authority.

Decision

The Supreme Court reversed the decision of the Court of Appeals by ruling in favor of the Appellants, declaring that the Board did exceed its statutory authority through creation of this rule. As a result of this ruling, the Court deemed the Board's rule to be invalid and unenforceable.

Read the full decision here
decided

Is a Business' Volunteer Work Under Contract?

Thu, 06/19/2014

United Brotherhood of Carpenters v. Birchwood Conservancy, etc: The Brotherhood of Carpenters is a construction union that decided to volunteer by donating their services to the Conservancy through building them a barn. The Carpenters never finished the barn and as a result, the Conservancy filed suit against them for breach of contract. The Court of Appeals ruled that the Union is capable of being sued.

Decision

The Supreme Court of Kentucky reversed the decision of the Court of Appeals by ruling that the Brotherhood, acting as volunteers, were not under a legitimate business contract and thus cannot be held accountable to finish the barn or pay compensation. The Court determined that when the Brotherhood decided to donate their services, they did not wave their defense of lack of capacity to be sued. This ruling sets a precedent that volunteer services are not interchangeable with business services and therefore are not supported by regular service contract law.

Read the full decision here