Legal Opinion

Frederick v. University of Kentucky Medical Center

Court of Appeals of Kentucky

Decided December 14, 1979PublishedCited by 8 opinions

1Opinion of the Court

WILHOIT, Judge.

The appellant, William H. Frederick, appeals from an order of the Fayette Circuit Court dismissing his medical malpractice claim against the University of Kentucky Medical Center. The trial court ruled that the claim was barred by sovereign immunity.

The appellant maintains that through enactment in 1976 of KRS 164.939 to 164.944 the General Assembly intended to and did waive sovereign immunity as to medical malpractice claims against the Medical Center. KRS 164.939 et seq. permitted the Medical Center, upon appropriate action by the Board of Trustees of the University of…

2Cases cited3 opinions

  1. Foley Construction Company v. WardCourt of Appeals of Kentucky (pre-1976) · 1963
  2. Kentucky State Park Commission v. WilderCourt of Appeals of Kentucky (pre-1976) · 1934
  3. Dardeen v. Greyhound Corp.Court of Appeals of Kentucky · 1967

3Cited by8 opinions

  1. Withers v. University of KentuckyKentucky Supreme Court · 1997
  2. Dunlap v. University of Kentucky Student Health Services ClinicKentucky Supreme Court · 1986
  3. In Re Request for Opinion of the Supreme Court Relative to Constitutionality of SDLCSouth Dakota Supreme Court · 1985
  4. Pauly v. ChangCourt of Appeals of Kentucky · 2015
  5. Dunlap v. University of Kentucky Student Health Services ClinicKentucky Supreme Court · 1986

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