Smith v. Commonwealth, Department of Highways

Full title: Hugh Allen SMITH, Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF…

Court: Court of Appeals of Kentucky

Date published: May 18, 1973

495 S.W.2d 178 (Ky. Ct. App. 1973)

Opinion

May 18, 1973.

Appeal from the Livingston Circuit Court, James M. Lassiter, J.

Clifford L. Walters, Charles A. Williams, Paducah, for appellant.

Carl T. Miller, Jr., Department of Highways, Frankfort, Jim Robinson, Paducah, for appellee.

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. See 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.