Kentucky Supreme Court: Asbestos Cases

Our case-law library holds 10 asbestos decisions from the Kentucky Supreme Court (1979–2023). Each links to our summary and the full opinion.

• State: Kentucky
• Kind of court: State supreme court

Decisions

• Letcher County Board OF Education v. Hall (2023). The Kentucky Supreme Court affirmed the Court of Appeals, holding that the Department of Workers' Claims, not the Board of Claims, has jurisdiction over Roger Hall's workers' compensation claim against the Letcher County Board of Education, so Hall prevailed.
• Sheets v. Ford Motor Co. (2021). The Kentucky Supreme Court vacated the Court of Appeals' decision and remanded to the trial court, holding that neither appellate court had jurisdiction over Ford's interlocutory appeal of the denial of summary judgment on up-the-ladder immunity, so Sheets's estate prevailed on the jurisdiction question.
• Letcher County Board OF Education v. Hall (2019). The Kentucky Supreme Court affirmed the Court of Appeals, which had upheld the Workers' Compensation Board's reversal of the ALJ's finding that Hall's claim was untimely, so Hall (claimant) won against the Letcher County Board of Education, and the case was remanded to the ALJ.
• Certainteed Corporation v. Dexter (2010). The Kentucky Supreme Court reversed the Court of Appeals and held that the trial court did not err in granting CertainTeed and Garlock a new trial, and it remanded for the Court of Appeals to decide the cross-appeal from the second trial.
• Sunbeam Corporation v. Dortch (2010). The Kentucky Supreme Court affirmed the Court of Appeals' denial of Sunbeam's petition for a writ to compel dismissal of the wrongful death suit, so the executors of Leon Fischer's estate won and Sunbeam lost.
• Dunkel v. Boetler (2009). The Kentucky Supreme Court affirmed the Court of Appeals' denial of the executor's petition for a writ of prohibition, leaving in place the trial court's discovery limits favoring Arkema, Goodrich and Big Rivers.
• General Elec. Co. v. Cain (2007). The Kentucky Supreme Court held that General Electric was not entitled to summary judgment on its exclusive-remedy defense and that nine of the sixteen premises owners in the Rehm case were, with seven owners' claims remanded; it also held that documented proof of workers' compensation coverage suffices absent contrary evidence, and that the immunity does not violate Kentucky's jural rights doctrine.
• Carroll v. Owens-Corning Fiberglas Corp. (2000). Answering a question certified by the Sixth Circuit, the Kentucky Supreme Court held that Geraldine Carroll's lung cancer claim was not time-barred, which favors the plaintiff over the asbestos defendants (Owens-Corning and others).
• Capital Holding Corp. v. Bailey (1994). The Kentucky Supreme Court reversed the Court of Appeals on the negligence claims, upholding summary judgment for Capital Holding because no cause of action had accrued without a present harmful change. It reversed the dismissal of the Baileys' outrageous conduct claim and sent it back for trial.
• Louisville Trust Co. v. Johns-Manville Products (1979). The Kentucky Supreme Court reversed the Court of Appeals' ruling that the limitations period barred the claim, held the Sampson estate's suit against Johns-Manville timely, and remanded for the Court of Appeals to consider Johns-Manville's other assignments of error.