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DUNLAP v. UNIVERSITY OF KY. STUDENT HEALTH

716 S.W.2d 219 (1986)

Clarke DUNLAP, Movant, v. UNIVERSITY OF KENTUCKY STUDENT HEALTH SERVICES CLINIC, Respondent.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing September 25, 1986.

Attorney(s) appearing for the Case

Timothy N. Philpot, Anggelis & Philpot, Lexington, for movant.

John C. Darsie, Lexington, for respondent.

Richard M. Breen, Hargadon, Lenihan, Harbolt & Breen, Louisville, for amicus — Kentucky Academy of Trial Attorneys.

Robert F. Matthews, Greenbaum, Doll & McDonald, David L. Baker, University Counsel, Ben J. Talbott, Jr., Baird, Kirven, Westfall & Talbott, Louisville, for amicus — University of Louisville.

J. Stephen Kirby, Frankfort, for amicus — Kentucky School Bd. Assn.

R. Hughes Walker, Cabinet for Human Resources, Charles D. Wickliffe, Finance & Admin., Barbara Jones, Corrections Cabinet, Stephen Reeder, Karen A. Powell, Transp. Cabinet, Frankfort, for amicus — Cabinets — Human Resources, Transp., Corrections and Finance.

LEIBSON, Justice.

The issue in this case is whether the appellant's claim was barred by proper application of the doctrine of sovereign immunity. The trial court dismissed the claim on this ground. The Court of Appeals affirmed, holding that its prior decision in Frederick v. University of Kentucky Medical Center, Ky.App., 596 S.W.2d 30 (1979) was dispositive. In Frederick v. University of Kentucky Medical Center,...

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