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GUFFEY v. CANN

88-SC-000251-DG.

766 S.W.2d 55 (1989)

Jerry W. GUFFEY as Administrator of the Estate of Elizabeth Nadine Cheek Morton, Movant, v. Kathleen M. CANN and Kevin Kloubec, Respondents.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing April 6, 1989.

Attorney(s) appearing for the Case

Jerry W. Guffey, Leitchfield, for movant.

J. Gregory Burton, Office of the Counsel, Cabinet for Human Resources, Frankfort, Paul M. Lewis, Lewis, Bland, Preston & Birdwhistell, Elizabethtown, for respondents.

STEPHENS, Chief Justice.

The issue we address on this appeal is whether KRS 44.0701 (the so-called Board of Claims Act) provides the sole remedy of a party for a negligence action against an employee of the Commonwealth of Kentucky while acting within the scope of his or her employment. Another way of stating the issue is whether the Board of Claims Act extends the doctrine of sovereign immunity to employees of the Commonwealth...

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