CABINET FOR FAMILIES & CHILDREN v. CUMMINGS

No. 2002-SC-0788-DG, 2002-SC-0791-DG, 2003-SC-0456-DG.

163 S.W.3d 425 (2005)

CABINET FOR FAMILIES AND CHILDREN; Cary Willis; Sharon Perry; and Viola Miller, Secretary, Appellants, v. Dr. Scott CUMMINGS; Carol Garrison; and Nancy Martin, Appellees, and Dr. Carol Garrison; and Dr. Nancy Martin, Appellants, v. Dr. Scott Cummings; Cabinet for Families and Children; Cary Willis; Sharon Perry; and Viola Miller, Appellees, and Dr. Scott Cummings, Appellant, v. Dr. Carol Garrison; Cabinet for Families and Children; Cary Willis; Dr. Nancy Martin; Sharon Perry; and Viola Miller, Appellees.

Supreme Court of Kentucky.

May 19, 2005.


Attorney(s) appearing for the Case

Jonathan Goldberg, Goldberg & Simpson, PSC, Jan M. West, Goldberg & Simpson, PSC, Louisville, Katherine A. Kingren, Cabinet for Families and Children, Office of the General Counsel, Nora K. McCormick, Cabinet for Families and Children, Frankfort, Counsel for Cabinet for Families and Children; Cary Willis; Sharon Perry; and Viola Miller, Secretary.

Priscilla S. Diamond, Louisville, Counsel for Dr. Scott Cummings.

David A. Friedman, National City Tower, Louisville, William B. Pettus, Assistant Attorney General, Civil and Environmental Law, Frankfort, Donna King Perry, Woodward, Hobson & Hobson, Elizabeth N. Monohan, Louisville, Counsel for Dr. Carol Garrison and Dr. Nancy Martin.


OPINION OF THE COURT

In 1999, Dr. Scott Cummings ("Cummings") filed suit against the Cabinet for

employees of the Cabinet, Viola Miller, Sharon Perry and Cary Willis, as well as the University of Louisville ("the University"), and individual University employees, Dr. Garrison and Dr. Martin for violations of the Kentucky Whistleblower Act ("the Act"). The Jefferson County Circuit Court granted summary judgment to all defendants except the University, finding...

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