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WALDON v. HOUSING AUTHORITY OF PADUCAH

No. 90-CA-2125-MR.

854 S.W.2d 777 (1991)

Mildred WALDON, as Administratrix of the Estate of Magdalene Smith, Deceased, and as Next Friend of Keith Smith and Rufus Smith, Minors, Appellant, v. HOUSING AUTHORITY OF PADUCAH, City of Paducah and Albert Williams, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 21, 1992.

Discretionary Review Dismissed by Supreme Court May 21, 1993.

Motion to Depublish Denied by Supreme Court May 21, 1993.

Attorney(s) appearing for the Case

Rodger W. Lofton, Paducah and James E. Story, Eddyville, for appellant.

John P. Rall and Teresa Moss Groves, Boehl Stopher Graves & Deindoerfer, Paducah, for appellee, Housing Authority of Paducah.

Thomas J. Keuler, Paducah, for appellee, City of Paducah.

Albert Williams, pro se.

Before CLAYTON, McDONALD and MILLER, JJ.

McDONALD, Judge.

Appellant's decedent, Magdalene Smith, was shot and killed outside her residence located in Elmwood Court, a public housing project in Paducah. This action was commenced against both the housing authority and the city for their alleged negligence which resulted in Smith's death.1 The trial court granted the appellees' motion to summarily dismiss, having determined that the action was barred as a matter of law by KRS 411...

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