Lexington-Fayette Urban County Government v. Smolcic

Opinion by

I agree with the majority opinion that LFUCG’s liability was extinguished by its assertion of sovereign immunity, but for reasons expressed in my dissent in Jefferson County Commonwealth, Attorney’s Office v. Kaplan,1 I do not believe that LFUCG’s immunity precluded fault from being apportioned against it if justified by the evidence. “The majority’s contrary holding ... ‘violates the main purpose of comparative fault by improperly subjecting the [other] defendants to liability in excess of their proportion of fault.’ ”2 Accordingly, I dissent as to Part IV (Apportionment) of the…