Kentucky Court of Appeals: Asbestos Cases

Our case-law library holds 27 asbestos decisions from the Kentucky Court of Appeals (1994–2024). Each links to our summary and the full opinion.

• State: Kentucky
• Kind of court: State appeals court

Decisions

• Kentucky Employers'mutual Insurance v. Hall (2024). The Court of Appeals reversed the Workers' Compensation Board's dismissal for lack of standing and remanded to the ALJ to determine which insurer was on the risk on Hall's date of last exposure, in favor of KEMI and Letcher County and against Encova.
• Williams v. Schneider Electric USA, Inc. (2023). The Court of Appeals reversed summary judgment for Square D and Union Carbide on the ground that they owed Vickie Williams no duty, vacated the order excluding the plaintiffs' expert's talc opinions, and affirmed the denial of Square D's workers' compensation exclusivity defense, remanding for further proceedings.
• Letcher County Board OF Education v. Hall (2022). The court affirmed the Workers' Compensation Board on jurisdiction and on the timeliness of Hall's medical bills, but reversed on interest and remanded for the 6% rate, so Hall prevailed on most points and Letcher County Board of Education prevailed on interest.
• Hayes v. Colgate-Palmolive Company (2021). The court affirmed the jury instructions and the exclusion of the Gordon Paper, but reversed and remanded for a new trial against Johnson & Johnson because admitting its corporate representative's personal-use testimony was reversible error; the defense verdict for Colgate stood.
• Schneider Electric USA, Inc. v. Williams (2021). The Court of Appeals dismissed Schneider Electric (Square D)'s appeal of the denial of summary judgment as interlocutory, for lack of jurisdiction, and remanded to the trial court, which favors Williams.
• Ford Motor Company v. Sheets (2019). The Court of Appeals vacated the trial court's one-sentence order denying Ford Motor Company's summary judgment motion and remanded for the trial court to state the basis for its ruling, leaving Ford's up-the-ladder immunity claim undecided.
• Schneider Electric USA, Inc. v. Williams (2019). The Court of Appeals affirmed the trial court's denial of summary judgment to Schneider Electric (Square D), so the estate of Vickie Williams may continue its claims against Square D.
• Letcher County Board OF Education v. Hall (2018). The Court of Appeals affirmed the Workers' Compensation Board's reversal of the ALJ, so Roger Hall's mesothelioma claim was not time-barred and the Letcher County Board of Education lost.
• Landreth v. Brake Supply Company, Inc. (2017). The Court of Appeals affirmed summary judgments for Pneumo Abex, Brake Supply, Eaton and ArvinMeritor against Vickery's Estate, and dismissed the defendants' cross-appeals as moot (one judge dissented).
• Mannahan v. Eaton Corporation (2016). The Court of Appeals of Kentucky affirmed summary judgment for Palmer Products, Eaton and Arvin-Meritor (Rockwell) against Mannahan and his estate, because the evidence did not show he was probably exposed to any of their brake products.
• Anderson v. Motorola Solutions, Inc. (2015). The Court of Appeals reversed the circuit court's summary judgment for Motorola Solutions and Zenith Electronics and remanded for trial, ruling for the plaintiff estate.
• Durham v. Ford Motor Company (2014). The Court of Appeals affirmed the trial court's summary judgment and partial summary judgment for Ford Motor Company on both the plaintiff's appeal and Ford's cross-appeal, rejecting the Durham estate's premises and products claims and Ford's request for total immunity.
• McGuire v. Lorillard Tobacco Company (2014). The Kentucky Court of Appeals affirmed the jury's defense verdict for Lorillard Tobacco Company and Hollingsworth & Vose Company against the estate of William McGuire, finding no reversible error.
• Rehm v. Ford Motor Company (2011). The Court of Appeals affirmed the jury verdict and judgment for Ford Motor Company against the Rehm family, and held Ford's cross-appeal moot while addressing its merits.
• Cardinal Industrial Insulation Co., Inc. v. Norris (2009). The court reversed the judgment against Cardinal Industrial Insulation and remanded for a directed verdict in its favor, and rejected the Norris estate's cross-appeal claims, including its challenge to the directed verdict for Scientific Design.
• RT Vanderbilt Company, Inc. v. Franklin (2009). The Kentucky Court of Appeals affirmed the $4,090,000 judgment for Johnny Franklin and Flora Franklin's estate against R.T. Vanderbilt Company, rejecting all of Vanderbilt's claims of error.
• Jeffries v. Georgia-Pacific Corporation (2008). The Court of Appeals of Kentucky affirmed the Metcalfe Circuit Court's judgment on a defense verdict for Georgia-Pacific, holding the trial court did not err in denying the Irwin estate's motion for a new trial.
• Lee v. DuPONT (2008). The Court of Appeals affirmed summary judgment for DuPont, holding that the workers' compensation exclusive remedy barred Mildred Lee's suit over her husband's asbestos death and that denying further discovery was not an abuse of discretion.
• White v. Cardinal Industrial Insulation Co., Inc. (2007). The Court of Appeals vacated the summary judgment that had dismissed Alice White's claims against Cardinal Industrial Insulation and remanded for further proceedings, ruling for the White estate.
• Combs v. Albert Kahn Associates, Inc. (2006). The Kentucky Court of Appeals affirmed summary judgment for Albert Kahn & Associates and Turner Construction, holding the Combses' lung cancer claims against them were time-barred.
• Hunton v. City of Bowling Green (2006). The Court of Appeals affirmed the Warren Circuit Court's summary judgment dismissing the asbestos negligence claim against the City of Bowling Green, so the Hunton estate lost.
• Parker v. Henry A. Petter Supply Co. (2005). The court vacated summary judgment for Petter Supply and Hannan Supply as premature and remanded for further proceedings, but affirmed the dismissal of Mine Equipment & Mill Supply, so Parker won in part and lost in part.
• Rehm v. Navistar International (2005). The Court of Appeals of Kentucky affirmed summary judgment for all sixteen property-owner defendants, holding that they were immune under up-the-ladder workers' compensation immunity, so Rehm's estate and family lost.
• Clephas v. Garlock, Inc. (2004). The Court of Appeals vacated the judgment entered on the jury verdict for Garlock and remanded for a new trial, because Garlock's expert Dr. Sawyer's undisclosed medical and causation opinions should not have been admitted; the Clephases won this appeal.
• Heizer v. New Orleans and Pacific Railway Co. (2004). Affirmed summary judgment for the railroads on the FELA survival action as time-barred, but reversed dismissal of the children's wrongful death claim and remanded to reinstate it.
• Bailey v. North American Refractories Co. (2001). The Court of Appeals reversed the Boyd Circuit Court's summary judgments for NARCO and for Westinghouse (CBS) and remanded the claims of the Armco Steel workers and their spouses for further proceedings.
• Michals v. William T. Watkins Meth. Church (1994). The Kentucky Court of Appeals affirmed summary judgment dismissing the Michals family's claims against the church, its trustees and the two contractors, holding that the parents could not recover for mental distress and the children could not recover for increased risk of future illness.