Donnie AUTRY, Co-Administrator of the Estate of Melissa Kaye Autry; and Virgina White, Co-Administrator of the Estate of Melissa Kaye Autry, Appellants
v.
WESTERN KENTUCKY UNIVERSITY; WKU Student Life Foundation, Inc.; Sandra Hess, in her Individual and Official Capacity; Aubrey Livingston, in her Individual and Official Capacity; Lynne Allison Todd, in her Individual Capacity; Lynne Allison Todd, in her Official Capacity; AJA Hendrix, in his Individual Capacity; AJA Hendrix, in his Official Capacity; Alex Kuehne, in his Individual Capacity; and Alex Kuehne, in his Official Capacity, Appellees.
Wku Student Life Foundation, Inc., Appellant
v.
Donnie Autry, Co-Administrator of the Estate of Melissa Kaye Autry; Virginia White, Co-Administrator of the Estate of Melissa Kaye Autry; Western Kentucky University; Sandra Hess, in her Official Capacity; Aubrey Livingston, in her Official Capacity; Lynne Allison Todd, in her Official Capacity; Alex Kuehne, in his Official Capacity; AJA Hendrix, in her Official Capacity; Sandra Hess, Individually; Aubrey Livingston, Individually; Lynne Allison Todd, Individually; Alex Kuehne, Individually; and AJA Hendrix, Individually, Appellees.
Supreme Court of Kentucky.https://leagle.com/images/logo.png
April 19, 2007.
April 19, 2007.
Attorney(s) appearing for the Case
Benjamin D. Crocker, Crocker Law Offices PLLC, Bowling Green, Counsel for Appellants and Cross-Appellees, Donnie Autry, Co-Administrator of the Estate of Melissa Kaye Autry and Virginia White, Co-Administrator of the Estate of Melissa Kaye Autry.
Gregory N. Stivers, Kerrick, Stivers, Coyle & Van Zant, PLC, Scott Donald Laufenberg, Kerrick, Stivers, Coyle & Van Zant, PLC, Bowling Green, Counsel for Appellees, Western Kentucky University, Sandra Hess, in her Individual and Official Capacity, Aubrey Livingston, in her Individual and Official Capacity, Lynne Allison Todd, in her Official Capacity, AJA Hendrix, in his Official Capacity, and Alex Kuehne, in his Official Capacity.
Charles E. English, Jr., English, Lucas, Priest & Owsley, Bowling Green, Counsel for Appellees and Cross-Appellants, WKU Student Life Foundation, Inc.
Joe B. Campbell, Campbell Law Office, Bowling Green, Counsel for Appellees, Sandra Hess, Individually, Aubrey Livingston, Individually, Lynne Allison Todd, in her Individual Capacity, AJA Hendrix, in his Individual Capacity, and Alex Kuehne, in his Individual Capacity.
Redford H. Coleman, Coleman, Lochmiller & Bond, Elizabethtown, Counsel for Appellee, Alex Kuehne, in his Individual Capacity.
Joseph Kirwan, Coffman & Kirwan, Bowling Green, Counsel for Cross-Appellees, Donnie Autry, Co-Administrator of the Estate of Melissa Kaye Autry and Virginia White, Co-Administrator of the Estate of Melissa Kaye Autry.
Supreme Court of Kentucky.
Opinion of the Court by Justice NOBLE.
This wrongful death action is before the Court on discretionary review of the Court of Appeals decision as to whether the defendants were immune from suit. The Court of Appeals held that Western Kentucky University and its employees in their official capacity were immune from suit, but WKU Student Life Foundation, Inc. was not. Finding no error in the Court of Appeals' holding as to the University and its employees in their official...
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