Legal Opinion

Gould v. O'BANNON

Kentucky Supreme Court

Decided February 9, 1989No. 87-SC-654-MRPublishedCited by 37 opinions

1Opinion of the Court

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which denied a petition *221for extraordinary relief pursuant to CR 76.36 seeking to prohibit the Jefferson Circuit Court from exercising further jurisdiction over a medical malpractice suit against three physician employees of the University of Louisville, an agency of the Commonwealth.

The principal issue is whether the circuit court can continue to exercise jurisdiction over such a cause of action or whether the Board of Claims has primary and exclusive jurisdiction pursuant to KRS 44.073(12) which provides in part…

2Cases cited5 opinions

  1. Saylor v. HallCourt of Appeals of Kentucky (pre-1976) · 1973
  2. Smallwood v. GallardoSupreme Court of the United States · 1927
  3. Happy v. ErwinCourt of Appeals of Kentucky (pre-1976) · 1959
  4. Carney v. MoodyKentucky Supreme Court · 1982
  5. Whitt v. ReedCourt of Appeals of Kentucky (pre-1976) · 1951

3Cited by37 opinions

  1. Kassen v. HatleyTexas Supreme Court · 1994
  2. Ex Parte CranmanSupreme Court of Alabama · 2000
  3. Withers v. University of KentuckyKentucky Supreme Court · 1997
  4. Williams v. WilsonKentucky Supreme Court · 1998
  5. Womble v. Singing River Hosp.Mississippi Supreme Court · 1993

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