Michael O. WITHERS, Michael O. Withers as Administrator of the Estate of Emilie M. Withers, Deceased; and Michael O. Withers as Legal Guardian of Joanna May Withers, a Minor, Appellants,
v.
UNIVERSITY OF KENTUCKY, Appellee.
Supreme Court of Kentucky.https://leagle.com/images/logo.png
February 27, 1997.
February 27, 1997.
Attorney(s) appearing for the Case
Shirley Allen Cunningham, Jr., Gerry L. Harris, Rosanna L. Peace, Lexington, for Appellants.
William J. Gallion, Gallion, Baker & Bray, P.S.C., Lexington, for Appellee.
William R. Garmer, Robert L. Elliott, Savage, Garmer & Elliott, P.S.C., Lexington, for Amicus Curiae, Kentucky Academy of Trial Attorneys.
Scott White, Director, Civil & Environmental Law Division, Office of the Attorney General, Frankfort, for Amicus Curiae, Office of the Attorney General.
John G. Irvin, McBrayer, McGinnis, Leslie & Kirkland, Lexington, for Amicus Curiae, Morehead State University.
Elizabeth Blincoe, Northern Kentucky University, Highland Heights, for Amicus Curiae, Northern Kentucky University.
Deborah Tomes Wilkins, Office of the President, Western Kentucky University, Bowling Green, for Amicus Curiae, Western Kentucky University.
C. Thomas Miller, Sheffer Hoffman, Paducah, for Amicus Curiae, Murray State University.
Giles T. Black, Eastern Kentucky University, Richmond, for Amicus Curiae, Eastern Kentucky University.
Harold S. Green, Sr., Kentucky State University, Frankfort, for Amicus Curiae, Kentucky State University.
Angela D. Koshewa, University of Louisville, Louisville, for Amicus Curiae, University of Louisville.
Supreme Court of Kentucky.
LAMBERT, Justice.
We are confronted again with the issue of sovereign immunity, a doctrine of law created by Section 231 of the Constitution of Kentucky. For decades this Court has struggled with whether various governmental entities are entitled to the protection of sovereign immunity, and of those which are, whether statutes or conduct of the immune entity amount to an express or an implied waiver. At issue here is whether the University of Kentucky is entitled...
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