HAMBLEN EX REL. BYARS v. HEALTH AND FAMILY SERVICES

No. 2009-CA-000369-MR.

322 S.W.3d 511 (2010)

Rocky HAMBLEN, by and through Guardian, Yulonger BYARS, Appellant, v. KENTUCKY CABINET FOR HEALTH AND FAMILY SERVICES; Kentucky Department for Mental Health and Mental Retardation Services; Central State Hospital ICF/MR; John L. Kiesel, M.D.; and T. Richelle Jones, Appellees.

Court of Appeals of Kentucky.

September 17, 2010.


Attorney(s) appearing for the Case

Oliver H. Barber, Jr. , Louisville, KY, for appellant.

D. Brent Irvin , Frankfort, KY, for appellees, Kentucky Cabinet for Health and Family Services; Kentucky Department for Mental Health and Mental Retardation Services; Central State Hospital ICF/MR; and T. Richelle Jones.

W. Gregory King , Seth A. Gladstein , Louisville, KY, for appellee, John L. Kiesel, M.D.

Before TAYLOR, Chief Judge; COMBS, Judge; HENRY, Senior Judge.


OPINION

TAYLOR, Chief Judge:

Rocky Hamblen, by and through his Guardian, Yulonger Byars, brings this appeal from a November 12, 2008, summary judgment of the Jefferson Circuit Court dismissing the complaint in its entirety. We affirm in part, vacate in part, and remand.

Rocky Hamblen suffers from profound mental retardation and has been a resident of Central State Hospital ICF/MR since 1977. While...

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