FRANKFORT, Ky., April 9, 2024 – The Supreme Court of Kentucky will hear oral arguments Wednesday and Thursday, April 10-11, 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 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.

Oral Arguments

WEDNESDAY, APRIL 10, 2024
10 a.m. SCOTT EDWARD BITTER V COMMONWEALTH OF KENTUCKY (2022-SC-0382-MR)

View attorneys and links to briefs at kcoj.info/SCApril2024.

Criminal Law. Warrantless Search. Plain View Exception. Protective Sweep. Issues include whether plain view and protective sweep exceptions to search warrant requirement applied to police’s warrantless search of appellant’s residence.

Oral Argument Granted: March 6, 2024
Trial Court(s): Kenton Circuit Court
Presiding Judge(s): Hon. Kathleen Lape

11 a.m. BILLY E. POWERS, AS ADMINISTRATOR OF THE ESTATE OF DONNA POWERS V. KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPAN, ET AL. (2022-SC-0309-DG)

View attorneys and links to briefs at kcoj.info/SCApril2024.

Insurance. Underinsured Motorists Coverage. Issues include whether all UIM claims are dependent upon the insured’s timely lawsuit against a tortfeasor.

Discretionary Review Granted: February 8, 2023
Trial Court(s): McCracken Circuit Court
Presiding Judge(s): Hon. Timothy Kaltenbach

THURSDAY, APRIL 11, 2024
10 a.m. NORMANDY FARM, LLC V. KENNETH MCPEEK RACING STABLE, INC. (2022-SC-0552-DG)

View attorneys and links to briefs at kcoj.info/SCApril2024.

Equine Law. Contracts. Statute of Frauds. Oral Agreement. Implied Contract. KRS 230.357(11). Questions include whether KRS 230.357(11) applies only to buyers and sellers or, rather, to “any sale, purchase, or transfer of an equine.”

VanMeter, C.J., not sitting.

Discretionary Review Granted: April 19, 2023
Trial Court(s): Fayette Circuit Court
Presiding Judge(s): Hon. Lucy A. VanMeter

11 a.m.
BRADLEY RACING STABLES, LLC, ET AL. V. JOI DENISE ROBY, ET AL. (2022-SC-0508-DG)
AND
CHURCHILL DOWNS, INC., ET AL. V. JOI DENISE ROBY, ET AL. (2022-SC-0516-DG)
AND
JOI DENISE ROBY, ET AL. V. CHURCHILL DOWNS, INC., ET AL. (2022-SC-0523)

View attorneys and links to briefs at kcoj.info/SCApril2024.

Torts. Premises Liability. Farm Animal Activities Act. KRS 247.401 et seq. Horse-Racing Activities Exception. Issues include whether Churchill Downs and a horse’s owner are liable for injuries resulting when: (1) the horse, which is stabled at Churchill Downs, bites a Backside visitor on Derby Day; (2) the horse, a stable pony used to escort racehorses to and from the track, is not involved in Derby Day races; (3) the visitor, who paid no admission to Churchill, is present as a social guest of another horse owner; and (4) Churchill posted signs warning of the inherently dangerous nature of farm animal activities on the Backside.

Discretionary Review Granted: April 19, 2023
Trial Court(s): Jefferson Circuit Court
Presiding Judge(s): Hon. Judith E. McDonald-Burkman

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