Kentucky Supreme Court at Cumberlands

Session I (10:00 a.m.):
SHELLY DAMRON V. COMMONWEALTH OF KENTUCKY
(2024-SC-0300-DG) 
Criminal Law.  Driving Under the Influence.  Blood Test.  Implied-Consent Warning.  Issues presented include whether a driver suspected of DUI voluntarily consented to a blood test when: (1) at the accident scene, the driver agreed to undergo a blood test without being given the implied-consent warning; and (2) later at the hospital, the driver again agreed to the blood test after an officer gave the implied-consent warning informing the driver that she would be subject to harsher penalties if she declined the blood test.

Session II (11:30 a.m.) 
MERCY REGIONAL EMERGENCY MEDICAL SYSTEM, LLC, ET AL. V. THE ESTATE OF JOSHUA ADAM FUSON, BY ADMINISTRATRIXES, AMY HICKMAN AND DAFFENY SNEED FUSON, ET AL. 
(2024-SC-0371-DG) 
Torts.  Loss of Parental Consortium.  Statute of Limitations.  Minors.  KRS 413.170(1). Issues include whether KRS 413.170(1) tolls the statute of limitations for the children’s loss of parental consortium claims against an EMS provider when: (1) in 2018, the children’s father died in jail after police and EMS were called to respond to his meth-induced agitation; (2) in 2019, the children’s mother filed loss of consortium claims on behalf of the children against jail officials, the jail’s healthcare provider, and police officers; (3) in 2022, the children’s mother filed an amended complaint asserting loss of consortium claims on behalf of the children against the EMS provider; and (4) the children remained minors at the time of the 2022 amendment.  

Session III (11:30 a.m.): 
DANIEL J. CAREY, II, D.C., ET AL. V. CRAIG HELIGMAN, M.D.
(2024-SC-0257-DG) AND DANIEL J. CAREY, II, D.C., ET AL. V. CSX TRANSPORTATION, INC. (2024-SC-0317-DG) AND 
CSX TRANSPORTATION, INC. V. DANIEL J. CAREY, II, D.C., ET AL. (2024-SC-0320-DG) 
Torts.  Defamation.  Pure Opinion.  Qualified Privilege.  Tortious Interference with Business Expectancies.  Malice.  Issues include: (1) whether CSX and its medical director defamed two chiropractors by requesting that the Railroad Retirement Board, three insurance companies, and state chiropractic licensing authorities investigate them for possible benefits fraud after CSX’s medical director noticed that the chiropractors submitted an unusually high number of medical leave forms on behalf of CSX employees following CSX’s announcement of layoffs at the employees’ facility; and (2) whether CSX and its medical director tortiously interfered with the chiropractors’ businesses by ceasing to accept medical leave forms from the chiropractors due to suspected benefits fraud.