ESTATE CLARK EX REL. MITCHELL v. DAVIESS CTY

No. 2000-CA-002910-MR.

105 S.W.3d 841 (2003)

ESTATE OF Candice CLARK, by and through her Personal Representative Linda MITCHELL, and Linda Mitchell, individually, Appellants, v. DAVIESS COUNTY, Kentucky; Daviess County Fiscal Court; William "Buzz" Norris, Jr., in his official capacity as former Daviess County Judge Executive; William "Buzz" Norris, Jr., individually; Reid Haire, in his official capacity as Daviess County Judge Executive; Reid Haire, individually; Fred Marksberry, in his official capacity as former member of Daviess Fiscal Court; Fred Marksberry, individually; Gary Boswell, in his official capacity as former member of Daviess Fiscal Court; Gary Boswell, individually; David Warren, in his official capacity as former member of Daviess Fiscal Court; David Warren, individually; Gene Carraway, in his official capacity as former Daviess County Road Foreman; Gene Carraway, individually; Ronnie Thompson, in his capacity as member of the Daviess County Road Department Sign Director; Ronnie Thompson, individually; Barry Mattingly, in his official capacity as former Daviess County Engineer; Barry Mattingly, individually; Joseph D. Fisher, in his official capacity as Assistant Daviess County Engineer; Joseph D. Fisher, individually; Sinan Rayyan, in his official capacity as Daviess County Engineer; and Sinan Rayyan, individually, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 2, 2003.


Attorney(s) appearing for the Case

Steven D. Downey, Bowling Green, KY, for appellants.

Marvin P. Nunley, Owensboro, KY, for appellees.

Before COMBS, HUDDLESTON, and McANULTY, Judges.


OPINION

COMBS, Judge.

The Estate of Candice Clark and Linda Mitchell, Clark's mother, appeal from an order of the Daviess Circuit Court granting summary judgment to the defendants in a wrongful death action arising out of an automobile accident that occurred in Daviess County, Kentucky. We initially affirmed, but the Kentucky Supreme Court remanded for us to reconsider our opinion in light of Yanero...

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