Legal Opinion · Concurrence

Commonwealth Board of Claims v. Harris

Kentucky Supreme Court

Decided November 21, 2001No. 2000-SC-0409-TGPublished

1ConcurrenceCooper, Justice

I fully concur in the reasoning of the majority opinion that by the very language of KRS 44.070(1) and KRS 44.072, the Board of Claims Act applies to damages proximately caused by the negligent acts of the “Commonwealth, any of its cabinets, departments, bureaus, or agencies, or any of its officers, agents or employees.” (Emphasis added.) Although KRS 44.071 purports to extend coverage to damages caused by municipalities or their agents with respect to maintenance of state-owned traffic control devices, nothing in the Board of Claims Act purports to extend its coverage to counties or their…

2Cases cited2 opinions

  1. Fiscal Court Scott Co. v. Davidson, Co. Treas.Court of Appeals of Kentucky (pre-1976) · 1935
  2. Miller, Com'r. of Finance v. Sturgill, SheriffCourt of Appeals of Kentucky (pre-1976) · 1947

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