Phillip McGrath Moloney's Legal Cases (4)

Probate

Leitsch v. Leitsch, 839 S.W.2d 287 (Ky.App. 1992)

N/A

OUTCOME:

Held that failure to award in favor of him (a disabled husband) sufficient maintenance from the wife to meet his needs by requiring that he depend on the generosity of family and friends to adequately ... support him was an abuse of discretion by the trial court.

Construction and development

Real Estate Marketing v. Franz, 885 S.W.2d 921 (Ky. 1994)

N/A

OUTCOME:

Resulted in a finding in favor of the client Franz by adopting and recognizing that an implied warranty of habitability claim exists regarding major structural features and acknowledging that a private ... independent cause of action exists for violating the uniform state building code.

Government

Georgetown Municipal Water & Sewer Service v. Bur-Wal, Inc., 242 S.W.3d 661 (Ky.App. 2001)

N/A

OUTCOME:

Involved representation of the municipal water and sewer service and holding by the court that neither a municipal water service nor the city are required to reimburse developers for their costs involv ... ed in installing water and sewer lines and finding that KRS 96.359 was inapplicable to the developer’s claim.

Construction and development

Waldridge v. Homeservices of Kentucky, Inc., 384 S.W.3d 165 (Ky.App. 2011)

N/A

OUTCOME:

Involved representation of homeowners against a seller’s real estate agent and firm, and recognition by the court on appeal that an agent owes a buyer the duty to not commit fraud by either misrepresen ... ting a material fact or by failing to disclose a material fact of which they have actual knowledge and of which the buyer is unaware.

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