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SMITH v. COMMONWEALTH

495 S.W.2d 178 (1973)

Hugh Allen SMITH, Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellee.

Court of Appeals of Kentucky.

May 18, 1973.

Attorney(s) appearing for the Case

Clifford L. Walters, Charles A. Williams, Paducah, for appellant.

Carl T. Miller, Jr., Department of Highways, Frankfort, Jim Robinson, Paducah, for appellee.

PER CURIAM.

Conceding that the doctrine of sovereign immunity is not above reproach, in view of Foley Construction Company v. Ward, Ky., 375 S.W.2d 392 (1964), it would appear that the appropriate forum for pursuing the fight against it is the General Assembly. See Wells v. Com., Dept. of Highways, Ky., 384 S.W.2d 308 (1964).

The judgment is...

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