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Court of Appeals of Kentucky, 1973

Smith v. Commonwealth, Department of Highways

Smith v. Commonwealth, Department of Highways
Court of Appeals of Kentucky · Decided May 18, 1973 · Milliken, Osborne, Palmore, Reed, Steinfeld, Stephenson
495 S.W.2d 178; 1973 Ky. LEXIS 393 (South Western Reporter, Second Series)

Smith v. Commonwealth, Department of Highways

Opinion of the Court

PER CURIAM.

Conceding that the doctrine of sovereign immunity is not above reproach, in view of Foley Construction Company v. Ward, Ky., 375 S.W.2d 392 (1964), it would appear that the appropriate forum for pursuing the fight against it is the General Assembly. *179See Wells v. Com., Dept. of Highways, Ky., 384 S.W.2d 308 (1964).

The judgment is affirmed.

PALMORE, C. J., and MILLIKEN, OSBORNE, REED, STEINFELD and STEPHENSON, JJ., sitting.

All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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