Board of Education of Rockcastle County v. Kirby

WINTERSHEIMER, Justice.

This appeal is from a summary judgment in favor of the Board of Education of Rock-castle County in a negligence action. On appeal, the single issue is whether the circuit court properly determined that there was no genuine issue as to any material fact and that the Board of Education was entitled to a judgment as a matter of law pursuant to CR 56.03.

The Court of Appeals held that the circuit court was in error and reversed and remand*456ed the ease for trial. The circuit court granted the summary judgment on the basis of sovereign immunity for the local school board. In an…