CULLINAN v. JEFFERSON COUNTY


418 S.W.2d 407 (1967)

R. Keith CULLINAN, Appellant, v. JEFFERSON COUNTY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 6, 1967.


Attorney(s) appearing for the Case

Robert P. Hastings, Louisville, for appellant.

E. P. Sawyer, County Atty., Charles Speed Gray, Asst. County Atty., Louisville, for Jefferson County and Jefferson County Playground and Recreation Board.

Lucian L. Johnson, Louisville, for Jefferson County School Board.


MONTGOMERY, Judge.

The question is whether sovereign immunity extends to Jefferson County, Jefferson County Board of Education, and Jefferson County Playground and Recreation Board so as to bar an action by R. Keith Cullinan for damages arising from his stepping into a hole on the premises of the Middletown Elementary School. Summary judgment was granted on the basis that sovereign immunity barred recovery.

The...

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