Ward, Hocker & Thornton (WHT) has experience defending Governmental Liability cases in State Court, Federal Court and at the Board of Claims. Governmental Liability cases typically involve negligence claims against an employee in his/her individual capacity and his/her official capacity as well as a claim against the employer and possibly even a Fiscal Court or the Commonwealth of Kentucky. For example, lawsuits are often filed against police officers, their supervisors and the Police Department for the manner in which an arrest was made or a pursuit was conducted. Lawsuits are also filed against Cities, Counties and the State when individuals fall on stairs, sidewalks or other areas (i.e., golf courses, convention centers, etc).
Governmental Liability cases are unique because Kentucky recognizes varying degrees of immunity depending on what the alleged act is (i.e., ministerial or discretionary) and who is alleged to have committed the act (i.e., an employee, a City, a County, etc.). To further complicate the issue, the varying degrees of immunity are often shifting as trial courts and appellate courts continue to apply the law to new fact patterns.
The attorneys at WHT are familiar with these issues and stay current on changes in the law. Our attorneys know to isolate the claims that can proceed in a court of law versus the ones that need to be before the Board of Claims. Our attorneys also focus on the claims that are barred by immunity and attempt to have those dismissed quickly. Once the case is in the proper venue and potentially narrowed to the true party, our attorneys litigate the case with the experience and skill seen in the other practice areas.
If you have a Governmental Liability case and would like to discuss one or more of the aspects of that claim, please feel free to contact us.