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HEMPEL v. LEXINGTON-FAYETTE URBAN CTY. GOV.

641 S.W.2d 51 (1982)

Irene Buckley HEMPEL, Appellant, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied November 17, 1982.

Attorney(s) appearing for the Case

William C. Jacobs, Lexington, for appellant.

Ralph F. Kessinger, Lexington, for appellee.

Before HOGGE, McDONALD and VANCE, JJ.

VANCE, Judge.

The question is whether an urban county government has sovereign immunity or municipal immunity for tort damage caused by the back-up of a sanitary sewer which flooded appellant's basement which was allegedly due to negligence in maintenance of the sewer system. Appellant filed suit against the urban county government and the court granted the summary judgment on the grounds that the maintenance of a sewer system was an ultimate function of government...

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