15 Kentucky opinions name it 2 courts 1924–2024 3 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hornback v. Hardin Memorial Hospitalgreen2 sentences2019Judy Construction would have this Court rely on Homback v. Hardin Memorial Hosp., 411 S.W.3d 220, 227 (Ky. 2013), for the proposition that “intent is inferred when a safety rule is ignored or when a party fails to comply with a safety policy.” However, that language is not contained in Homback. 2015Before the safety violation enhancement is applied it must be shown that the employerIntentionally disregarded a safety hazard that even a lay person would obviously recognize as likely to cause death or serious physical harm!' Hornback v. Hardin Memorial Hospital, 411 S.W.3d 220, 226 (Ky. 2013). | 3 | 3 |
David Gaines Roofing, LLC v. Kentucky Occupational Safety & Health Review Commissiongreen2 sentences2024See David Gaines Roofing, 344 S.W.3d at 148 (quoting N & N Contractors, Inc. v. Occupational Safety & Health Review Comm’n, 255 F.3d 122 , 127 (4th Cir. 2001)). 2024Id. at 148 (citing N & N Contractors, Inc. v. -5- Occupational Safety & Health Review Comm’n, 255 F.3d 122 , 126 (4th Cir. 2001)). 29 CFR § 1926.1404 (a)(1) requires that assembly/disassembly of cranes be “directed by a person who meets the criteria for both a competent person and a qualified person, or by a competent person who is assisted by one or more qualified persons.” A “competent person” means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization | 2 | 2 |
N&n Contractors, Incorporated v. Occupational Safety & Health Review Commission Alexis M. Herman, Secretary of Laborgreen2 sentences2024Id. at 148 (citing N & N Contractors, Inc. v. -5- Occupational Safety & Health Review Comm’n, 255 F.3d 122 , 126 (4th Cir. 2001)). 29 CFR § 1926.1404 (a)(1) requires that assembly/disassembly of cranes be “directed by a person who meets the criteria for both a competent person and a qualified person, or by a competent person who is assisted by one or more qualified persons.” A “competent person” means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization 2011To establish a safety violation, the labor cabinet “must prove by a preponderance of the evidence (1) the applicability of the standard, (2) the employer’s noncompliance with the terms of the standard, (3) employee access to the violative condition, and (4) the employer’s actual or constructive knowledge of the violation.” N & N Contractors, Inc. v. Occupational Safety & Health Review Comm’n, 255 F.3d 122 , 126 (4th Cir.2001). | 1 | 2 |
Henninger v. Brewstergreen1 sentence2020UPG has failed to offer any evidence other than conjecture to suggest that NGL Energy was not justified in its interference in its subsidiary’s contract. “‘[C]onclusory allegations based on suspicion and conjecture’ are not sufficient to create an issue of fact to defeat summary judgment.” Henninger v. Brewster, 357 S.W.3d 920, 929 (Ky. App. 2012) (quoting Harstad v. Whiteman, 338 S.W.3d 804, 812 (Ky. App. 2011)). | 1 | 1 |
Harstad v. Whitemangreen1 sentence2020UPG has failed to offer any evidence other than conjecture to suggest that NGL Energy was not justified in its interference in its subsidiary’s contract. “‘[C]onclusory allegations based on suspicion and conjecture’ are not sufficient to create an issue of fact to defeat summary judgment.” Henninger v. Brewster, 357 S.W.3d 920, 929 (Ky. App. 2012) (quoting Harstad v. Whiteman, 338 S.W.3d 804, 812 (Ky. App. 2011)). | 1 | 1 |
Commonwealth v. Dillon D.green2 sentences2013See Commonwealth v. Dillon D., 448 Mass. 793, 863 N.E.2d 1287 (2007) (holding that the public-safety exception applied where a thirteen-year-old middle school student was found in possession of bullets and, before having been properly Mirandized, was questioned about a gun). 2013See Commonwealth v. Dillon D., 448 Mass. 793, 863 N.E.2d 1287 (2007) (holding that the public-safety exception applied where a thirteen-year-old middle school student was found in possession of bullets and, before having been properly Mirandized, was questioned about a gun). | 1 | 1 |
Nickerson's Casegreen1 sentence1924See In Re Nickerson, 218 Mass. 158 ; Merlino v. Connecticut Quarries Co., 104 A. 396 (Conn.) But be that as it may, we are of opinion that under our Compensation Act the intentional violation of a safety rule does not amount to such wilful misconduct as to preclude recovery under the Act. | 1 | 1 |
Great Western Power Co. v. Pillsburygreen1 sentence1924See Great Western Power Company v. Pillsbury, 170 Cal. 180 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Apex Mining v. Blankenship
green
2 sentences2015The safety violation enhancement was applied becauselt]here was substantial 6 evidence that the employer was aware of the defective condition of the grader, and it is apparent, even to the lay person, that a piece of heavy equipment without breaks, with a decelerator that is not in the proper condition, and with a throttle which is fastened in the wide open position creates a safety hazard." Id. at 229 . 2015The safety violation enhancement was applied because It]here was substantial 6 evidence that the employer was aware of the defective condition of the grader, and it is apparent, even to the lay person, that a piece of heavy equipment without breaks, with a decelerator that is not in the proper condition, and with a throttle which is fastened in the wide open position creates a safety hazard." Id. at 229 . | 3 | 2006–2015 |
Ernest Simpson Construction Co. v. Conn
green
2 sentences2021Noting this “hiatus in the law,” Conn, 625 S.W.2d at 851 , the Court of Appeals reluctantly affirmed the Board. 8 ANALYSIS The sole issue before us is whether Express Services is liable for the 30% enhancement of benefits pursuant to KRS 342.165 because of the safety violations of the host employer, Magna-Tech. 2010Finally, we note, as did the Board, that “the result in this case appears unduly harsh and unfair, especially in the [sic] light of the fact that pursuant to [Ernest Simpson Construction Co. v. Conn, 625 S.W.2d 850 (Ky.1981)], Jones has absolutely no recourse whatsoever against the arguably negligent, even reckless, acts of’ MISA. | 2 | 2010–2021 |
Brusman v. Newport Steel Corp.
green
2 sentences2015The safety violation penalty was justified because, "(1) an obvious hazard was created by the presence of railroad cars with bowed sides; (2) complaints about such cars had been raised at a safety meeting a month before the accident; and (3) workers routinely rode railway cars, including the lead car without punishment." Id. at 520 . 2015The safety violation penalty was justified because, "(1) an obvious hazard was created by the presence of railroad cars with bowed sides; (2) complaints about such cars had been raised at a safety meeting a month before the accident; and (3) workers routinely rode railway cars, including the lead car without punishment." Id. at 520 . | 2 | 2015–2015 |
Parker v. Webster County Coal, LLC
green
1 sentence2022She sought review based upon the Supreme Court of Kentucky’s holding in Parker v. Webster County Coal, LLC (Dotiki Mine), 529 S.W.3d 759 (Ky. 2017), in which that Court found the limitation of benefits at social security retirement age in the 1996 version of KRS 342.730(4) to be unconstitutional. | 1 | 2022–2022 |
Jones v. AEROTEK STAFFING
neutral
1 sentence2021Id. at 490 . | 1 | 2021–2021 |
National Collegiate Athletic Ass'n v. Hornung
green
1 sentence2020Would the same safety standard be applied to other entities accessing the terminal?” Id. -21- From this argument, it is unclear what, if any, improper purpose the fact-finder is intended to infer. | 1 | 2020–2020 |
Ellis v. Chase Communications, Inc.
green
1 sentence2007“Chase’s status as an employer in other contexts does not change the fact that, in regard to the tower, Chase was no different than a property owner hiring a contractor to perform work on its property.” Id. | 1 | 2007–2007 |
Cabinet for Workforce Development v. Cummins
green
1 sentence2000The LFUCG further argues that the Supreme Court in Cabinet for Workforce Development v. Cummins, Ky., 950 S.W.2d 834 (1997), restricted its holding in Apex Mining by stating: The decision in [Apex Mining v.] Blankenship clearly was based on the egregious nature of the particular violation of KRS 338.031(l)(a) which had occurred. | 1 | 2000–2000 |
Merlino v. Connecticut Quarries Co.
green
1 sentence1924See In Re Nickerson, 218 Mass. 158 ; Merlino v. Connecticut Quarries Co., 104 A. 396 (Conn.) But be that as it may, we are of opinion that under our Compensation Act the intentional violation of a safety rule does not amount to such wilful misconduct as to preclude recovery under the Act. | 1 | 1924–1924 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.