Smith v. Commonwealth, Department of Highways

Court of Appeals of Kentucky May 18, 1973

Smith v. Commonwealth, Department of Highways, 495 S.W.2d 178 (1973)

1973 Ky. LEXIS 393

Milliken, Osborne, Palmore, Reed, Steinfeld, Stephenson

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.

Reference

Full Case Name: Hugh Allen SMITH v. COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS
Cited By: 2 cases
Status: Published