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MORGAN v. BIRD

Nos. 2007-CA-001630-MR, 2008-CA-000117-MR.

289 S.W.3d 222 (2009)

Anthony MORGAN, Felicia Morgan, and Colton Morgan, a Minor Child, Appellants v. Gladys BIRD, Appellee and Anthony Morgan; Felicia Morgan; and Colton Morgan, a minor child, by and through his natural mother and next friend, Felicia Morgan, Appellants v. City of Williamsburg, Kentucky, by and through its Mayor, Roddy Harrison; Richard Foley, City Council Member, Official Capacity; Paul Estes, City Council Member, Official Capacity; Laurel West, City Council Member, Official Capacity; Chet Riley, City Council Member, Official Capacity; Joe Early, City Council Member, Official Capicity; Donnie Witt, City Council Member, Official Capacity; Wayne Bird, Individually; Wayne Bird, Official Capacity of Policeman, City of Williamsburg, Kentucky, Appellees.

Court of Appeals of Kentucky.

May 29, 2009.

Attorney(s) appearing for the Case

David O. Smith, Marcia A. Smith, Corbin, KY, for appellants.

Ron W. Reynolds, Williamsburg, KY, for appellee Gladys Bird.

Todd C. Myers, Jeffrey R. Soukup, Lexington, Kentucky, for appellees City of Williamsburg, Kentucky, by and through its Mayor, Roddy Harrison; Richard Foley, City Council Member, Official Capacity; Paul Estes, City Council Member, Official Capacity; Laurel West, City Council Member, Official Capacity; Chet Riley, City Council Member, Official Capacity; Joe Early, City Council Member, Official Capicity; Donnie Witt, City Council Member, Official Capacity; Wayne Bird, Individually; Wayne Bird, Official Capacity of Policeman, City of Williamsburg, Kentucky.

Before LAMBERT, MOORE, and VANMETER, Judges.

OPINION

LAMBERT, Judge.

Anthony, Felicia, and Colton Morgan, a minor represented by Anthony and Felicia in their parental capacity, appeal the dismissal of their claims against Gladys Bird, the City of Williamsburg, Kentucky, the members of the Williamsburg City Council, and Officer Wayne Bird. After careful review, we affirm the judgment of the Whitley Circuit Court.

In the early afternoon of April 9, 2007, Gladys Bird was in her backyard...

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