Appellate Decisions

Experienced Trial and Appellate Attorneys

With its active trial practice, The Law Office of Richard Hay has handled numerous appeals before the Kentucky Court of Appeals, the Kentucky Supreme Court and the U.S. Court of Appeals for the Sixth Circuit Court of Appeals.

We have successfully advocated, and achieved, changes in Kentucky law favorable to our clients and other injury victims. Some of our more significant appeals have been:

Department of Education v. Blevins, 707 S.W.2d 782 (Ky. 1986) In this important case, the Kentucky Supreme Court ruled that both the mother and father of a child killed in a school bus accident had independent claims for the loss of their child's affection and companionship against the Department of Education in a Board of Claims action.

State Farm Mutual Automobile Insurance Co. v. Mattox, 862 S.W.2d 325 (Ky. 1993). In this appeal, the Kentucky Supreme Court established the right of an injured person to "stack" their added no-fault benefits from multiple automobile liability insurance policies.

Potter v. Eli Lilly and Co., 926 S.W.2d 449 (Ky. 1996). In this landmark opinion, the Kentucky Supreme Court recognized the trial judge's inherent "right to determine that its judgments are correct and accurately reflect the truth."

Owensboro Mercy Health System v. Payne, 24 S.W.3d 675 (Ky. App. 1999). This appeal involved the novel issue of whether portions of the video trial transcript could be shown to the jury in closing argument. We argued that the use of a video transcript in closing argument was proper. The Court of Appeals agreed, and upheld the jury's verdict in this medical negligence case.

State Farm v. Marley, 151 S.W.3d 33 (Ky. 2004). In this case of first impression in Kentucky, the Kentucky Supreme Court agreed with our claim that the family exclusion in an umbrella liability policy was void as violative of Kentucky public policy.

Richard Hay has also written several Amicus Curiae (friend of the court) briefs on behalf of the Kentucky Academy of Trial Attorneys. Some of the more significant cases have been:

State Farm v. Reeder , 763 S.W.2d 116 (Ky. 1988). Established an injured person's right to make a direct claim against the at-fault person's insurance carrier pursuant to Kentucky's Unfair Claims Settlement Practices Act.

Allstate Ins. v. Dicke , 862 S.W.2d 327 (Ky. 1993). The Supreme Court of Kentucky authorized the "stacking" of underinsured motorist coverage to the benefit of persons injured in motor vehicle accidents.

Philadelphia Indemnity Ins. Co. v. Morris , 990 S.W.2d 621 (Ky. 1999). The Kentucky Supreme Court held that an injured employee is entitled to his employer's underinsured motorist coverage benefits in addition to workers' compensation benefits.

For experienced trial lawyers, contact The Law Office of Richard Hay in Somerset, Kentucky.