TORTS, CAUSES OF ACTION, DEFENSES – Sovereign immunity, county sheriff: Wasson v. Morris (COA 3/6/2009)

Wasson v. Morris
2009 WL 563599
Opinion by Judge Stumbo; Judge Taylor and Senior Judge Graves concurred.

The court affirmed an order of the circuit court granting summary judgment to the county sheriff on a Kentucky state trooper’s negligence claim for injuries he received in the line of duty while responding to a domestic disturbance call.

The Court held that summary judgment was proper in that appellee owed no duty of care to appellant because there was no special relationship.

The Court further held that appellee was absolutely immune from suit in both his official and individual capacities. The Court distinguished the holding in Jones v. Cross, 260 S.W.3d 343 (Ky. 2008) and held that KRS 70.040 did not waive appellee’s absolute official immunity because neither appellee, nor the deputy who allegedly failed to give specific facts about the call to appellant, owed a duty of care to the trooper.

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