Opinion

Lexington-Fayette Urban County Government v. Smolcic

  • 142 S.W.3d 128
  • 2004 Ky. LEXIS 182
  • 2004 WL 1906882
Court
Kentucky Supreme Court
Filed
Aug 26, 2004
Status
Published
Author
Keller
On the bench
Johnstone, Cooper, Graves, Lambert, Stumbo, Wintersheimer, Keller
Cited by
72 cases
Authority
More cited than 10.1%

holding that the Lexington-Fayette Urban County Government was entitled to sovereign immunity

How later courts described this case

  • holding that the Lexington-Fayette Urban County Government was entitled to sovereign immunity
  • finding that Lexington-Fayette Urban County Government was immune from suit
  • noting that counties are “an arm or political subdivision of the Commonwealth.” (citing Monroe Cty. v. Rouse, 274 S.W.2d 477, 478 (Ky. 1955))
  • finding Lexington-Fayette Urban County Government immune from suit

Written by the judges who cited it.

The opinion

Opinion by

Justice KELLER,

concurring in part and dissenting in part

I agree with the majority opinion that LFUCG’s liability was extinguished by its assertion of sovereign immunity, but for reasons expressed in my dissent in Jefferson County Commonwealth, Attorney’s Office v. Kaplan, 1 I do not believe that LFUCG’s immunity precluded fault from being apportioned against it if justified by the evidence. “The majority’s contrary holding ... ‘violates the main purpose of comparative fault by improperly subjecting the [other] defendants to liability in excess of their proportion of fault.’ ” 2 Accordingly, I dissent as to Part IV (Apportionment) of the majority opinion.

. Ky., 65 S.W.3d 916 (2002) (Keller, J., dissenting).

. Id. at 928 (Keller, J., dissenting) (quoting Northland Ins. Co. v. Truckstops Corp. of America, 914 F.Supp. 216 (N.D.I11.1995)).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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