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COMAIR v. LEXINGTON-FAYETTE

No. 2007-SC-000602-TG.

295 S.W.3d 91 (2009)

COMAIR, INC.; and Comair Services, Inc., Appellants, v. LEXINGTON-FAYETTE URBAN COUNTY AIRPORT CORPORATION; and Lexington-Fayette Urban County Airport Board, and the Members, Officers and Directors of the Board and/or Corporation in their Official Capacities, Appellees.

Supreme Court of Kentucky.

October 1, 2009.

Attorney(s) appearing for the Case

Ronald L. Green, Boehl, Stopher & Graves, LLP, Lexington, KY, Raymond G. Smith, Edward H. Stopher, Jeffrey Wayne Adamson, Boehl, Stopher & Graves, LLP, Louisville, KY, for appellants.

Kevin G. Henry, Sturgill, Turner, Barker & Moloney, PLLC, Lexington, KY, for appellees.

Opinion of the Court by Justice NOBLE.

This case raises the question whether the Lexington-Fayette Urban County Airport Board, the Lexington-Fayette Urban County Airport Corporations, and the Board's members are entitled to sovereign, governmental, or other immunity so as to preclude liability in litigation over a tragic air crash. The Fayette Circuit Court found they are immune. Because the Airport Board and Airport Corporation...

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