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MASON v. CITY OF MT. STERLING

No. 2001-SC-0813-DG.

122 S.W.3d 500 (2003)

Cortez MASON, Administrator of Jarrod C. Walker Estate; Cortez Mason; and Stephanie Walker, Appellants, v. CITY OF MT. STERLING, Kentucky; Glenn Potts; Danny Morton; and Debra Morton, Appellees.

Supreme Court of Kentucky.

Rehearing Denied January 22, 2004.

Attorney(s) appearing for the Case

Dana E. Deering, Parry, Deering, Futscher & Sparks, P.S.C., Covington, Steven J. Franzen, Newport, Counsel for Appellants.

Jeffrey C. Mando, Adams, Stepner, Woltermann & Dusing, PLLC, Covington, Counsel for Appellee, City of Mt. Sterling, Kentucky.

Ernest H. Jones, II, Geralds, Moloney & Jones, Robert L. Swisher, Schrader & Rice, P.S.C., Lexington, Counsel for Appellee, Glenn Potts.

Pierce W. Hamblin, Bradley C. Hooks, Landrum & Shouse, LLP, Lexington, Counsel for Appellees, Danny Morton and Debra Morton.

Opinion of the Court by Justice JOHNSTONE.

Nine-year-old Jarrod Cortez ("J.C.") Walker drowned in Mt. Sterling, Kentucky, when floodwaters swept him away through a submerged/non-visible storm sewer system. Walker's estate filed this wrongful death action against multiple parties, including Appellee City of Mount Sterling (the "City") and private landowners, Appellees Glenn Potts and Danny and Debra Morton. The trial court...

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