Legal Opinion

Mason v. City of Mt. Sterling

Kentucky Supreme Court

Decided October 23, 2003No. 2001-SC-0813-DGPublishedCited by 11 opinions

1Opinion of the Court

Opinion of the Court by

Justice JOHNSTONE.

Nine-year-old Jarrod Cortez (“J.C.”) Walker drowned in Mt. Sterling, Kentucky, when floodwaters swept him away through a submerged/non-visible storm sewer system. Walker’s estate filed this wrongful death action against multiple parties, including Appellee City of Mount Sterling (the “City”) and private landowners, Appellees Glenn Potts and Danny and Debra Morton. The trial court granted summary judgment to all four Appellees. The Court of Appeals affirmed. We reverse and remand for trial.

The drowning occurred on Potts’ property, which is located on…

2Cases cited21 opinions

  1. Haney v. City of LexingtonCourt of Appeals of Kentucky (pre-1976) · 1964
  2. Gas Service Co., Inc. v. City of LondonKentucky Supreme Court · 1985
  3. Hoene v. Associated Dry Goods CorporationSupreme Court of Missouri · 1972
  4. Louisville & Nashville Railroad v. HuttonCourt of Appeals of Kentucky (pre-1976) · 1927
  5. Ashby v. City of LouisvilleCourt of Appeals of Kentucky · 1992

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3Cited by11 opinions

  1. Boland-Maloney Lumber Co. v. BurnettCourt of Appeals of Kentucky · 2009
  2. Hayes v. D.C.I. Props.-D KY, LLCMissouri Court of Appeals · 2018
  3. Smith v. SmithMissouri Court of Appeals · 2018
  4. Walker v. DubaCourt of Appeals of Kentucky · 2004
  5. Davis Electronics Co., Inc. v. Springer Capital, LLCDistrict Court, W.D. Kentucky · 2021

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