FRANKFORT, Ky., Nov. 21 – The Supreme Court of Kentucky will hear its last oral arguments of 2024 on Wednesday and Thursday, Dec. 11-12, in Frankfort. Proceedings are open to the public and will take place in the historic Supreme Court Courtroom on the second floor of the Capitol.

The public may observe in person or via livestream. Stream arguments as they happen or later as archives at ket.org/supremecourt.

The justices will hear cases on appeal from Calloway, Floyd and Jefferson counties.

The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.

WEDNESDAY, DEC. 11, 2024
10 a.m. EST
ERIE INSURANCE EXCHANGE V. MEGAN JOHNSON, ET AL. (2024-SC-0018-DG)

View attorneys and links to briefs at https://kcoj.info/SCDec2024.

Declaratory Judgment. Motor Vehicle Reparations Act. KRS 304.39-210(1) and KRS 304.39-241. Excess Interest. KRS 304.39-210(2). Attorney’s Fees. KRS 304.39-220. Issues include: (1) whether insured may direct priority of insurer’s payment to medical providers; and (2) what constitutes a “reasonable foundation” for an insurer’s delay in making payment for purposes of awarding excess interest and attorney’s fees to insured.

Discretionary Review Granted: March 6, 2024

Trial Court(s): Floyd Circuit Court
Presiding Judge(s): Hon. Johnny Ray Harris

11 a.m. EST
KIMBERLY DERAMOS V. ANDERSON COMMUNITIES, INC. (2023-SC-0378-DG)

View attorneys and links to briefs at https://kcoj.info/SCDec2024.

Torts. Negligence. Strict Liability. Dog Bite. KRS 258.235(4). Questions include whether the trial court erred in dismissing tenant’s complaint against her landlord for failure to state a claim upon which relief could be granted under CR 12.02(f) when: (1) the tenant was attacked by a dog in a common area at the landlord’s apartment complex; (2) the landlord was not strictly liable under KRS 258.235(4) because it is not the dog’s “owner”; and (3) the tenant’s complaint alleged negligence, not strict liability.

Discretionary Review Granted: January 10, 2024

Trial Court(s): Jefferson Circuit Court
Presiding Judge(s): Hon. Audra J. Eckerle

THURSDAY, DEC. 12, 2024
10 a.m. EST
COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES, ET AL. V. K.O., ET AL. (2024-SC-0188-DG)

View attorneys and links to briefs at https://kcoj.info/SCDec2024.

Family Law. Dependency, Abuse, and Neglect. KRS 600.020(1)(a). Issues include whether the trial court relied on substantial evidence in holding child was at risk of being harmed where child’s father consumed marijuana while in a caretaking role and allegedly exposed the child to marijuana.

Discretionary Review Granted: August 14, 2024

Trial Court(s): Calloway Circuit Court
Presiding Judge(s): Hon. Stephanie J. Perlow

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