University of Louisville v. O'BANNON

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which denied a petition seeking to prohibit the trial of a medical *216malpractice suit against the University of Louisville and one of its medical faculty.

The issue is whether the circuit court can exercise jurisdiction over such an action after the enactment of K.R.S. 44.073 which states in part that “no action for damages may be maintained” against the Commonwealth or its agents except in the Board of Claims.

The litigation was commenced by Archie Hall and his wife Elina against Humana of Virginia, Inc.; Humana, Inc.;…