Docket: 2021-SC-0411-DG

Opinion Date: February 16, 2023

Judge: Lambert

Areas of Law: Criminal Law

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals concluding that Defendant's sentence must be vacated because the circuit court committed palpable error, holding relief was warranted but that the court improperly reversed Defendant's probation revocation.

Defendant pled guilty to two felonies and of being a persistent felony offender in the second degree and was sentenced to a twenty-two term of imprisonment. Defendant filed a motion to vacate, challenging the plea agreement and his conviction and sentence. The court of appeals concluded that the circuit court committed palpable error, warranting resentencing. The Supreme Court affirmed in part and reversed in part, holding (1) while the court of appeals erred by treating Defendant's appeal as a direct appeal, the court's conclusion that the circuit court committed reversible error was not erroneous; and (2) the court of appeals erred by reversing the circuit court's probation revocation order.

Oufafa v. Taxi, LLC

Docket: 2022-SC-0003-WC

Opinion Date: February 16, 2023

Judge: Michelle M. Keller

Areas of Law: Labor & Employment Law

In this workers' compensation case, the Supreme Court vacated the ALJ's determination that Defendant was correct to deny Plaintiff benefits on the ground that he was an independent contractor, not an employee, holding that this Court hereby adopts the economic realities test to safeguard the protection afforded by workers' compensation.

Plaintiff was working as a taxi driver for Defendant when he was shot in the shoulder and became permanently paralyzed from the waist down. Plaintiff sought workers' compensation to pay for his extensive medical care, but Defendant denied the claim due to Plaintiff's status as an independent contractor. An ALJ also determined that Plaintiff was an independent contractor. The Workers' Compensation Board reversed. The court of appeals reversed and reinstated the ALJ's opinion. The Supreme Court remanded the case back to the ALJ, holding that this Court's holding in Mouanda v. Jani-King International, 635 S.W.3d 635 (Ky. 2022) adopting the economic realities test is extended to the workers' compensation context.

Jefferson County Public Schools v. Tudor

Docket: 2022-SC-0024-DG

Opinion Date: February 16, 2023

Judge: Michelle M. Keller

Areas of Law: Personal Injury

The Supreme Court reversed the judgment of the court of appeals reversing the order of the circuit court granting summary judgment to Jefferson County Board of Education (BOE) and dismissing this lawsuit on immunity grounds, holding that the BOE was entitled to summary judgment on its immunity claim.

A Western High School student, through his mother and next friend, brought suit against the BOE and Brian Raho, the assistant principal at the high school, for assault and battery. The trial court granted summary judgment for the BOE and Raho, finding that the BOE was entitled to sovereign immunity and that Raho was entitled to qualified official immunity. The court of appeals reversed. The Supreme Court reversed the court of appeals' opinion to the extent that the court reversed the summary judgment to the BOE, holding that, while the trial court cited to the incorrect type of immunity, it correctly found that the BOE was immune from suit.