Fayette Circuit Judge James Ishmael denied a motion Friday to remove former state Rep. Steve Nunn's daughter as a defendant in a wrongful-death lawsuit filed by Diana Ross, the mother of Amanda Ross.
Mary Nunn asked to be dismissed from the lawsuit in December. She argued that under Kentucky law, the case would have to be brought in the county where she lives or where "the injury is done." Mary Nunn said in an affidavit that she is a resident of Bowling Green.
Diana Ross's attorneys argued in their response that Fayette Circuit Court is the proper place for the case to be handled, in part because the claim against Mary Nunn is "incidental to the action against defendant Nunn that created Ms. Ross's status as a creditor."
Nunn is accused of killing Amanda Ross, who was shot to death Sept. 11. Nunn pleaded not guilty Nov. 19 to charges of murder and violating an emergency protective order.
Diana Ross filed a wrongful-death lawsuit against Nunn in late September. Ross added Mary Nunn and Nunn's law firm, The Scoville Firm PLLC, as defendants in the civil lawsuit in December. Ross alleged that Nunn fraudulently transferred personal property and real estate to his attorneys and Mary Nunn.
Nunn transferred the deed to his home in Glasgow to his defense firm Oct. 16 as payment for "non-refundable attorney fees" to represent him in the death of Ross, according to court documents.
The home sold at auction for $170,000, but the money is being held in escrow, as specified in an agreed order for injunctive relief filed in November. Steve Nunn's attorney, Warren Scoville, has asked the court to release the money to pay Nunn's legal bills.
The Scoville Firm has since been dismissed from the civil lawsuit.