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NELSON COUNTY BD. OF EDUC. v. FORTE

Nos. 2009-SC-000715-DG, 2010-SC-000149-DG.

337 S.W.3d 617 (2011)

NELSON COUNTY BOARD OF EDUCATION, Appellant, v. Gene A. FORTE, Individually; Gene A. Forte, as Administrator of the Estate of Carole Forte; and Kentucky Board of Claims, Appellees. Gene A. Forte, Appellant, v. Nelson County School District, Appellee.

Supreme Court of Kentucky.

April 21, 2011.

Attorney(s) appearing for the Case

Charles Harding Cassis , Aaron John Silletto , Goldberg & Simpson, LLC, Prospect, KY, Counsel for Appellant/Appellee, Nelson County Board of Education; and Nelson County School District.

Larry D. Raikes , Fulton, Hubbard & Hubbard, Bardstown, KY, Counsel for Appellant/Appellees, Gene A. Forte, Individually; Gene A. Forte, as Administrator of the Estate of Carole Forte.

George Mitchell Mattingly , Legal Counsel, Board of Claims, Frankfort, KY, Counsel for Appellee, Kentucky Board of Claims.

Opinion of the Court by Justice NOBLE.

These two appeals arise out of an accident in Nelson County that took the life of a school teacher on school grounds. The teacher's husband, Gene A. Forte, first filed a tort claim in the Nelson Circuit Court against the Nelson County Board of Education. While that action was pending, he started a claim at the Board of Claims. Upon the conclusion of both actions, appeals were taken. This Court granted discretionary review of...

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