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RICHARDSON v. LOUISVILLE/JEFFERSON COUNTY

No. 2006-SC-000502-DG.

260 S.W.3d 777 (2008)

Christie RICHARDSON, Appellant, v. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, Appellee.

Supreme Court of Kentucky.

Rehearing Denied September 18, 2008.

Attorney(s) appearing for the Case

J. Key Schoen, Sales, Tillman, Wallbaum, Catlett & Satterley, PLLC, Louisville, KY, Counsel for Appellant.

N. Scott Lilly, Louisville/Jefferson Metro Government, Second Assistant County Attorney, Susan P. Spickard, Assistant Jefferson County Attorney, Louisville, KY, Counsel for Appellee.

Mark L. Miller, Priddy, Cutler, Miller & Meade PLLC, Louisville, KY, Counsel for Fraternal Order of Police Legal Plan, Inc. (Amicus Curiae), Kentucky State Lodge, Fraternal Order of Police, Inc. (Amicus Curiae) and National Fraternal Order of Police, Inc. (Amicus Curiae).

Opinion of the Court by Justice SCOTT.

This appeal concerns the interpretation of several provisions of the Claims Against Local Governments Act (CALGA). KRS 65.200 to .2006. CALGA mandates that a local government provide for the defense of an employee in an action in tort arising out of acts or omissions occurring within the scope of his or her employment. KRS 65.2005(1). In this case of first impression, we are asked to determine whether the duty to defend under...

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