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)).