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COLEMAN v. SMITH

No. 2011-CA-001276-MR.

405 S.W.3d 487 (2012)

Dexter COLEMAN; and Mark Cantrell, Appellants, v. Wendell SMITH, Administrator of the Estate of Rachel Roberts, Deceased, and Grandparent and Guardian of Courtney Paige Roberts and James Caden Roberts, Minor Children of the Deceased, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 27, 2012.

Discretionary Review Dismissed by Supreme Court May 16, 2013.

Attorney(s) appearing for the Case

Stacey A. Blankenship (argued), Douglas R. Moore , Paducah, KY, David Stratton (argued), Pikeville, KY, for appellants.

Gregory A. Belzley (argued), Prospect, KY, Robert A. Rowe, Jr. , Prestonsburg, KY, for appellee.

Before ACREE, Chief Judge; CLAYTON, Judge; LAMBERT, Senior Judge.

OPINION

ACREE, Chief Judge:

The narrow issue presented is whether either, or both, of the appellants, Dexter Coleman and Mark Cantrell, is entitled to qualified official immunity. We find Cantrell engaged in a discretionary act and, as a result, may qualify for official immunity. With respect to Coleman, we find he failed to comply with a ministerial directive but, because a genuine issue of material fact exists, summary judgment was premature. Accordingly...

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