Justia Kentucky Supreme Court Opinion Summaries

Carol Forte taught elementary school in the Nelson County Public School System. She was killed as she was leaving the school grounds when an unsecured pole gate blown by the wind hit her car and struck her in the head. Her husband Gene first filed a tort claim in the Nelson Circuit Court against the County Board of Education. Being aware of the Board's defense of governmental immunity, Forte filed a "protective" claim with the Board of Claims, raising the same issues in his tort action in the circuit court, asking the Board of Claims to hold its action in abeyance until the circuit court decided on the immunity issue. The Board of Education responded to the claims by arguing that the Board of Claims had sole jurisdiction in the matter, and that the action was time barred and should be dismissed. Forte then filed a new action in the circuit court for review of the Board of Claims order, asking that that order be set aside. Before a response was filed, Forte filed a supplemental memorandum specifically raising the state "saving statute." The Board of Education responded with the same arguments it made before the Board of Claims. The circuit court entered an opinion vacating the Board of Claims order, and remanding the matter back the Board of Claims for a decision on the abeyance. The Board of Education appealed to the Court of Appeals, which affirmed the trial court. After the appeal was filed, the circuit court granted the Board of Education's motion for summary judgment on the grounds it had governmental immunity. On review of the record of the lower courts, the Supreme Court found that the Board of Claims did not have jurisdiction over the claim brought before it, and Forte's claim made there was premature. The Court reversed the appellate court's decision on that matter and remanded the case to the circuit court. The Court affirmed the appellate court's affirmation of the motion for summary judgment acknowledging its governmental immunity.