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COM., TRANSP. CABINET, DEPT. HWYS v. SEXTON

No. 2006-SC-000454-DG.

256 S.W.3d 29 (2008)

COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, Appellant v. Shannon D. SEXTON; Commonwealth of Kentucky, Environmental and Public Protection Cabinet, Kentucky Board of Claims, Appellees.

Supreme Court of Kentucky.

June 19, 2008.

Attorney(s) appearing for the Case

Arthur Andrew Draut, Russell Harper Saunders, Weber & Rose, P.S.C., Louisville, Paul Kevin Moore, General Counsel, Office of Legal Services, Frankfort, KY, Counsel for Appellant.

Daniel Michael Alvarez, Alvarez & Ansari, PLLC, Louisville, KY, Counsel for Appellee, Shannon D. Sexton.

George Mitchell Mattingly, Legal Counsel, Board of Claims, Frankfort, KY, Counsel for Appellee, Commonwealth of Kentucky, Environmental and Public Protection Cabinet, Kentucky Board of Claims.

Opinion of the Court by Justice MINTON.

I. INTRODUCTION.

We granted discretionary review of a decision of the Court of Appeals that (1) created a new duty on the state's urban landowners owed to adjoining landowners to exercise ordinary care to prevent an unreasonable risk of harm arising from defective or unsound trees on the urban landowners' property and (2) held that administration of this new duty was ministerial in nature, meaning that the Commonwealth...

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