City of Frankfort v. Byrns

EMBERTON, Judge.

This is an appeal from a judgment for the appellees, plaintiffs below, in an action in negligence. Specifically, a jury determined that the appellant, City of Frankfort, *463had been negligent in designing and building a storm water system, and as a result of such negligence, the property of the appellees was damaged. On appeal, the principal issues are whether the trial court clearly erred in (1) not directing a verdict for the appellant in that all its actions were discretionary and thus, clothed with immunity, KRS 65.2001(2); KRS 65.2003; and (2) allowing the appellees’ expert…