Ratliff v. Phillips

I respectfully dissent because I believe the majority opinion fashions an equitable result by means of a very strained construction of the clear language of the law.

Both by dictionary definition and legislative enactment the word “shall” means mandatory. KRS 446.010 (29). In the common understanding of most individuals, the word “shall” means must and such a view is supported by the dictionary and the statute. The dilemma forced upon the majority in this matter is very understandable because it is based on a judicial interpretation of the unambiguous word “shall.”

The real root of this problem…