COMMONWEALTH OF KY. v. CLAYCOMB

2017-SC-000614-TG 2017-SC-000615-TG.

566 S.W.3d 202 (2018)

COMMONWEALTH OF KENTUCKY, Cabinet for Health and Family Services, ex rel. Adam Meier, in His Official Capacity as Secretary of the Cabinet for Health and Family Services Appellant v. Ezra CLAYCOMB, a Minor, BY AND THROUGH His Next Friend, Natural Guardian and Parent, Tonya CLAYCOMB and Tonya Claycomb, on Behalf of All Others Similarly Situated, Appellees.

Supreme Court of Kentucky.

November 15, 2018.


Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT:, Catherine Elaine York , Johann Frederick Herklotz , Matthew Kleinert , Cabinet for Health and Family Services, Mark Stephen Pitt , Stephen Chad Meredith , Lexington, Matthew Kuhn , Office of the Governor.

COUNSEL FOR APPELLEE: EZRA CLAYCOMB, A MINOR, BY AND THROUGH, HIS NEXT FRIEND, NATURAL GUARDIAN AND PARENT, TONYA CLAYCOMB, AND TONYA CLAYCOMB, ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, J. Guthrie True , True Guarnierie Ayer, LLP., Paul A. Casi II , Jeffrey Wayne Adamson , Louisville, Paul A. Casi, II , P.S.C.

COUNSEL FOR AMICUS CURIAE: ST. ELIZABETH HEALTHCARE AND, LEADINGAGE KENTUCKY, David V. Kramer , Crestview Hills, Mark David. Guilfoyle , Michael Enzweiler , Louisville, Dressman Benzinger LaVelle PSC.

COUNSEL FOR AMICUS CURIAE: ROBERT STIVERS, KENTUCKY SENATE, PRESIDENT, David E. Fleenor , R. Vaughn Murphy , Tyler Peavler , Office of the Senate President.

COUNSEL FOR AMICUS CURIAE: KENTUCKY MEDICAL ASSOCIATION AND, THE AMERICAN MEDICAL ASSOCIATION, Sarah Spurlock , Charles J. Cronan IV , Bethany A. Breetz , Louisville, Stites & Harbison PLLC.

COUNSEL FOR AMICUS CURIAE: KENTUCKY ASSOCIATION OF HEALTH, CARE FACILITIES, Bryan Todd Thompson , Mitchel Terence Denham , Louisville, Joseph Wright , Thompson Miller & Simpson PLC.

COUNSEL FOR AMICUS CURIAE: KENTUCKY HOSPITAL ASSOCIATION, Wesley Reed Butler , Holly Iaccarino , Lexington, Barnett Benvenuti & Butler PLLC.


Of all the rights guaranteed by state constitutions but absent from the federal Bill of Rights, the guarantee of a right of access to the courts to obtain a remedy for injury is possibly the most important.1 Kentucky's version of this guarantee, referred to in our jurisprudence...

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