Guffey v. Cann

STEPHENS, Chief Justice.

The issue we address on this appeal is whether KRS 44.070 1 (the so-called Board of Claims Act) provides the sole remedy of a parly for a negligence action against an employee of the Commonwealth of Kentucky while acting within the scope of his or her employment. Another way of stating the issue is whether the Board of Claims Act extends the doctrine of sovereign immunity to employees of the Commonwealth, sued in their individual capacities. The Court of Appeals answered the question(s) in the affirmative.

Movant, plaintiff below, alleged that on March 5, 1986, the…