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LEXINGTON-FAYETTE URB. CTY. GOV. v. SMOLCIC

Nos. 2002-SC-0958-DG, 2002-SC-0972-DG.

142 S.W.3d 128 (2004)

LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Ron Herrington, Individually; Jim Woods, Individually; Walter Hall, Jr., Individually; and Howard Huggins, Individually, Appellants, v. Dora SMOLCIC; Bojan Jurdana; Vesna Vasicek; Davor Vasicek; Marijana Meculj; Cara Rodgers; and Riverfront Group, Inc., Appellees. Dora Smolcic JURDANA; Bojan Jurdana; Davor Vasicek; and Marijana Meculj, Appellants, v. Cara RODGERS; The Riverfront Group, Inc.; and Lexington-Fayette Urban County Government, Appellees.

Supreme Court of Kentucky.

August 26, 2004.

Attorney(s) appearing for the Case

Leslye M. Bowman, Tracy W. Jones, Lexington-Fayette Urban County Government, Department of Law, Lexington, Counsel for Lexington-Fayette Urban County Government; Ron Herrington; Jim Woods; Walter Hall, Jr.; and Howard Huggins.

E. Douglas Stephan, Bryan H. Beauman, Sturgill, Turner, Barker & Moloney, PLLC, Lexington, Counsel for Dora Jurdana (Now Jurdana); Bojan Jurdana; Vesna Vasicek; Davor Vasicek; and Marijana Meculj.

Guy R. Colson, Elizabeth S. Feamster, Fowler, Measle & Bell, LLP, Lexington, Counsel for Cara Rodgers.

Andrew N. Clooney, O'Bryan, Brown & Toner, Louisville, Counsel for Riverfront Group, Inc.

Opinion of the Court by Justice JOHNSTONE.

On April 28, 1998, Dora Jurdana, Marijana Meculj, and Vesna Vasicek were crossing, on foot, U.S. Route 27 at the intersection of Nicholasville Road and Moore Drive when they were struck by a vehicle driven by Cara Rodgers. U.S. Route 27 is part of the state highway system and is located in the Lexington-Fayette Urban County Government ("LFUCG"). Jurdana, Meculj, and Vasicek subsequently filed separate suits against Rodgers...

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