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Kentucky Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Kentucky on
Q: Does the same laws /rules apply in kentucky as in Pennsylvania ?

Q: My grandma died of neglect in a Pennsylvania nursing home recently. A representative for the nursing home told us we would be wasting our time suing them, because any damages we won would just go to pay back Medicaid. Is this true? No that’s not true at all .The nursing home representative... View More

Timothy Denison
Timothy Denison
answered on Apr 23, 2023

You need to talk to your own independent lawyer and have them review her case. Don’t believe anything the nursing home or their reps tell you but listen to your own lawyer as to how to proceed.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: I own a small private family cemetery and no longer in use. Can the County road dept. place gravel on the pathway?

I own the farm with a general warranty deed with no reservations and the graves are located on it. If the county maintains the pathway (without my permission) can they place it on maps and call it a county road?

Timothy Denison
Timothy Denison
answered on Apr 19, 2023

Not unless they have an easement for the use of the property.

1 Answer | Asked in Civil Litigation, Civil Rights and Sexual Harassment for Kentucky on
Q: Hello my question is who do you go to when you're having a problem with being a lesbian.

9Being a lesbian fem non-bisexual that is being violated in my apt by a neighbor who is a Hermaphrodite that will not stop. Please I need some type of advice because the Hermaphrodite is really harassing me and taunting me.

Timothy Denison
Timothy Denison
answered on Apr 6, 2023

Take the sex/sexual orientation out of the equation (which is irrelevant) and you have a harassment case. Go to your local county attorney and take a criminal complaint against the person or persons harassing you.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: EPO dismissed by judge. Are all restrictions lifted and how long to wait to file for expungement?
Timothy Denison
Timothy Denison
answered on Mar 26, 2023

Yes. All restrictions lifted. Six months to wait to expunge.

1 Answer | Asked in Civil Litigation and Civil Rights for Kentucky on
Q: In fed court does the $ amount of damages have to be included in the initial complaint?
Timothy Denison
Timothy Denison
answered on Mar 19, 2023

No. Just a statement that are in excess of the jurisdictional threshold.

1 Answer | Asked in Civil Litigation and Real Estate Law for Kentucky on
Q: Do KY listing Realtors have to disclose pending litigation that can affect the property in the future?

House is listed in HOA neighborhood; Hoa has pending lawsuit that homeowners will pay if case is lost. The listing agent was aware of litigation and did not disclose and let the seller check the box NO that there was litigation pending even though realtor knew litigation pending.

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

Yes. That should have been disclosed rather than checking no if the realtor knew about the pending litigation.

1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Kentucky on
Q: No charges we made, but lofty claims and some truth were stated. What’s the EPO process for married new parents?

Wife filed EPO, while I was at work. Spoke of past rage issues of mine where authorities were called and she left to take a breather and come back. Still no charges. She contacted me while I was in the hospital over the last week. But said I could not call back. Refered to me as her husband still.... View More

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

Hire a divorce lawyer immediately and begin the process immediately.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: I need help to figure out why a sheriff was at my dad's trying to serve me. Court papers
Timothy Denison
Timothy Denison
answered on Jan 25, 2023

Call the sheriffs office and make arrangement to pick them up and find out.

1 Answer | Asked in Civil Litigation and Real Estate Law for Kentucky on
Q: I had a land contract paid it off however before it transferred they passed. How do I get the house and lot in my name

I bought the house and land from my grandparents. My grandpa passed in 2014 and my grandma in 2018. I paid it off in early 2018 right before my grandma got sick and passed. They have 3 children and two aren’t wanting to give me what I rightfully paid for. I have been threatened to be kicked out... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

You’ll have to file suit to quiet title if they won’t transfer the property to you.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Is their case law in Kentuckys circuit court concerning criminal charges that were expunged being put back on the record

Or any case law in higher courts

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

No. Once expunged, they are gone.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Kentucky on
Q: Transfer venue to avoid a delayed trial

I filed 5motions. 1 contempt for interfering with child's therapeutic relationship. (parties ordered to comply with therapist recommendations. Mother refuses to do so and removed child from therapy)2 contempt for failing to produce child for scheduled visitation. ( Mother is letting child... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

The facts as you set them out do not support a change of venue. There is a backlog of cases already in the jurisdiction you mentioned still waiting for adjudication. It takes a while to get a decision.

2 Answers | Asked in Family Law, Child Custody and Civil Litigation for Kentucky on
Q: This is a question of law, as it relates to child custody and tortious claims.

Does Kentucky recognize tortious interference with parental rights

as a cause of action and, if so, what elements constitute such a tort? If this is true, is the Restatement (Second) of Torts

§ 700 applicable to such a situation?

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. It’s called custodial interference and can give rise to both civil and criminal causes of action.

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1 Answer | Asked in Civil Litigation and Personal Injury for Kentucky on
Q: Mental abused for personal & religious diet

I'm a non fish eating vegetarian for personal & religious reasons. A couple of places I've had to spend extended time at has known I'm a vegetarian for personal &religious reasons from day one . They have repeatedly given me food cooked with meat and gave me pork on many... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Legally, nothing. Practically, eat somewhere else that has vegan food. No establishment is obligated to provide a special menu for you.

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Kentucky on
Q: Can a credit Union charge your card without permission and then close your card in a middle of a credit card dispute.

I notice a charge on my Credit card from a insurance agent for disability. There was a over payment and they charge my credit card without my authority...

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

The Union usually has a set off provision in their cardholder agreement which allows them to set off any monies in your account to the extent their debt is paid.

1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Kentucky on
Q: If I have a basketball goal sitting in our grass by the road and someone driving by hits it is it our fault?

When he hit it he diddnt stop at first and the goal was hooked to his van and when he dragged it he also hit our mailbox with it but now he is saying it's our fault for the goal being that close to road and he isn't paying for it

Timothy Denison
Timothy Denison
answered on Jan 2, 2023

No. It is the drivers fault. Report it as a hit and run.

1 Answer | Asked in Civil Litigation and Social Security for Kentucky on
Q: Can a public school bus driver take photos of my driver’s license and social security card on their personal iPhone?

The bus driver gave me no reason as to why they needed either of my identification when I kept asking. They wouldn’t delete my information from their personal iPhone after I asked several times. A school receptionist asked the bus driver to delete the photos, which the bus driver eventually did... View More

Timothy Denison
Timothy Denison
answered on Dec 8, 2022

Yes, if you voluntarily gave them the identification. Otherwise, no.

1 Answer | Asked in Personal Injury and Civil Litigation for Kentucky on
Q: I was wondering, can someone sue a party, even if they put themselves in a situation where injury could occur?

I was watching some videos and was curious if person A could sue person B even if person A put themselves in a situation that they knew could possibly put them at risk of injury.

Tim Akpinar
Tim Akpinar
answered on Nov 20, 2022

A Kentucky attorney could advise best, but your question remains open for two weeks. It sounds like you are talking about the legal defense known as "assumption of risk." It depends on the particular circumstances. On cases where the defense is raised, the conditions can be fact-specific. Good luck

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Kentucky on
Q: Can a trailer be sold over half the marketing value ?

The trailer is valued at $11,000 and it is being sold for $20,000. $4,000 has done been paid towards the $20,000 but just now discovering the property only values at $11,000 can I get the price reduced is this even legal?

Timothy Denison
Timothy Denison
answered on Nov 7, 2022

It is legal and you don’t have to buy the trailer at all.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: MOTORCYCLES WERE DETAILED AND STORED AT MY BUSINESS AND I WAS NEVER PAID STORAGE. STATE OF KY. WHAT ARE MY OPTIONS ?

I DETAILED BIKES AND STORED THEM UNTIL THEY WERE SOLD AND NEVER RECEIVED PAYMENT. NOW THAT I AM DEMANDING PAYMENT HE WANTS TO REMOVE HIS OTHER BIKES FROM MY SHOP THAT HAVE BEEN HERE 7MONTHS

Timothy Denison
Timothy Denison
answered on Nov 4, 2022

You have a mechanics lien for payment on all bikes stored with you and you do not have to release them to the owner until you are paid in full.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: In KY can a Circuit Court Clerk’s surety bond issuer be sued for her negligence in filing a case?

On 12/27/21 I sent an administrative appeal with an in forma pauperis (IFP) to the Franklin Circuit Court. The filing deadline was 1/10/22. The clerk received and signed for the filing on 1/3/22. Per CR. 5.05 any filing accompanied by an IFP is to be considered filed when it received by the clerk.... View More

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

You might want to consider asking the Franklin circuit court to reinstate the case given the facts above. It seems clear your appeal would have been timely filed but for the clerical delay. The tiles provide for the court to consider such requests and act on them.

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