Derry v. Roadway Express, Inc.

SWINFORD, Chief Judge.

W. B. Derry, a citizen and resident of Kentucky and executor of the deceased Frances P. Derry, filed this wrongful death action arising out of an automobile accident in the Circuit Court, Boyle County, Kentucky. The defendant Department of Highways filed a motion to dismiss the action against it asserting that the Boyle Circuit Court lacks jurisdiction to hear the claim against it since K.R.S. § 44.070 places exclusive jurisdiction over such tort claims in an administrative Board of Claims. Two days later, the defendants Roadway Express, Inc., a corporation chartered in…