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COM., TRANSP. CABINET v. BABBITT

Nos. 2003-SC-0556-DG, 2003-SC-0586-DG.

172 S.W.3d 786 (2005)

COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellant, v. Robin L. BABBITT, Special Administrator of the Estate of Michael Roy Bender; Larry Logsdon; Jane Foley Nash, Special Administrator of the Estate of Cecilia Ann Bender; and Kentucky Board of Claims, Appellees, and Brandon Taylor, Personal Representative of the Estate of Sherry Taylor, Appellant, v. Commonwealth of Kentucky, Department of Highways, Transportation Cabinet; and Commonwealth of Kentucky, Board of Claims, Appellees.

Supreme Court of Kentucky.

September 22, 2005.

Attorney(s) appearing for the Case

Stewart Burch, Kevin Patrick Fox, Logan and Gaines, Frankfort, Counsel for Appellant Commonwealth of Kentucky, Transportation Cabinet, Department of Highways (2003-SC-0556-DG).

James T. Gilbert, Coy, Gilbert and Gilbert, Richmond, Counsel for Appellees Robin L. Babbitt, Special Administrator of the Estate of Michael Roy Bender; Larry Logsdon; and Jane Foley Nash, Special Administrator of the Estate of Cecilia Ann Bender (2003-SC-0556-DG).

G. Mitchell Mattingly, Legal Counsel, Board of Claims, Frankfort, Counsel for Appellee Kentucky Board of Claims (2003-SC-0556-DG).

Charles E. Moore, Travis Leon Holtrey, Moore, Malone, and Safreed, Owensboro, Counsel for Appellant Brandon Taylor, Personal Representative of the Estate of Sherry Taylor (2003-SC-0586-DG).

James R. Wood, General Counsel, Transportation Cabinet, Frankfort, Frank Miller, Jr., Weber & Rose, Louisville, Counsel for Appellee Commonwealth of Kentucky, Department of Highways, Transportation Cabinet (2003-SC-0586-DG).

G. Mitchell Mattingly, Legal Counsel, Board of Claims, Frankfort, Counsel for Appellee Commonwealth of Kentucky, Board of Claims (2003-SC-0586-DG).

Opinion of the Court by Justice COOPER.

These two appeals are from separate decisions of the Board of Claims, KRS 44.070, et seq., denying claims for damages allegedly caused by the Transportation Cabinet's failure to provide warnings and/or erect guardrails at the scenes of two different single-vehicle accidents. In each case, the Board concluded that the negligence of the vehicle's operator was the sole cause of the accident without addressing whether...

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