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PILE v. CITY OF BRANDENBURG

No. 2005-SC-0047-DG.

215 S.W.3d 36 (2006)

Bobbi PILE (as Executrix of the Estate of Theresa Ann Foltz, Deceased), Appellant, v. CITY OF BRANDENBURG and John Miller, Officer, Appellees.

Supreme Court of Kentucky.

As Corrected on Denial of Rehearing March 22, 2007.

Attorney(s) appearing for the Case

Brett Butler, Louisville, Counsel for Appellant.

David Paul Bowles, Landrum & Shouse LLP, Robert Thomas Watson, Landrum & Shouse LLP, Louisville, Counsel for Appellees.

Opinion of the Court by Justice WINTERSHEIMER.

REVERSING

This appeal is from an opinion of the Court of Appeals affirming the summary judgment of the trial court for the city and a police officer in a wrongful death action.

The questions presented are whether the controlling decision in this case is Jones v. Lathram; whether the Court of Appeals erred in not considering discretionary acts as distinguished from ministerial acts; whether a special...

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