Legal Opinion

Estate of Clark Ex Rel. Mitchell v. Daviess County

Court of Appeals of Kentucky

Decided March 14, 2003No. 2000-CA-002910-MRPublishedCited by 20 opinions

1Opinion of the Court

OPINION

COMBS, Judge.

The Estate of Candice Clark and Linda Mitchell, Clark’s mother, appeal from an order of the Daviess Circuit Court granting summary judgment to the defendants in a wrongful death action arising out of an automobile accident that occurred in Da-viess County, Kentucky. We initially affirmed, but the Kentucky Supreme Court remanded for us to reconsider our opinion in light of Yanero v. Davis, Ky., 65 S.W.3d 510 (2001). After undertaking a Yanero analysis, we still conclude that the county and the individual defendants acting in their official or representative capacities are…

2Cases cited9 opinions

  1. Alden v. MaineSupreme Court of the United States · 1999
  2. Scifres v. KraftCourt of Appeals of Kentucky · 1996
  3. Yanero v. DavisKentucky Supreme Court · 2001
  4. Franklin County, Ky. v. MaloneKentucky Supreme Court · 1997
  5. Commonwealth Board of Claims v. HarrisKentucky Supreme Court · 2001

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3Cited by20 opinions

  1. Rowan County v. SloasKentucky Supreme Court · 2006
  2. Lexington-Fayette Urban County Government v. SmolcicKentucky Supreme Court · 2004
  3. Norton Hospitals, Inc. v. PeytonKentucky Supreme Court · 2012
  4. Jacobi v. HolbertMissouri Court of Appeals · 2018
  5. Harrod v. CaneyCourt of Appeals of Kentucky · 2018

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