As used in KRS 65.2001 to 65.2006, unless the context otherwise requires:
(1) "Action in tort" means any claim for money damages based upon negligence, medical malpractice, intentional tort, nuisance, products liability and strict liability, and also includes any wrongful death or survival-type action.
(2) "Employee" means any elected or appointed officer of a local government, or any paid or unpaid employee or agent of a local government, provided that no independent contractor nor employee nor agent of an independent contractor shall be deemed to be an employee of a local government.
(3) "Local government" means any city incorporated under the law of this Commonwealth, the offices and agencies thereof, any county government or fiscal court, any special district or special taxing district created or controlled by a local government. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 224, sec. 15, effective July 15, 1988.
Notes of Decisions
Phelps v. Louisville Water Co., 103 S.W.3d 46 (Ky. 2003).
· cites it 6× “The court found that KRS 65.200 et seq. precludes an award of punitive damages against a "local government" and therefore reversed the $2,000,000 punitive award against LWC.”
Schwindel v. Meade Cnty., 113 S.W.3d 159 (Ky. 2003).
· cites it 5× “, the so-called “Claims Against Local Governments Act” (GALGA), constitutes a waiver by the General Assembly of a county’s immunity from vicarious liability for damages arising from the tortious performance of ministerial acts by its employees.”
Richardson v. Louisville/Jefferson Cnty. Metro Gov't, 260 S.W.3d 777 (Ky. 2008).
· cites it 4× “KRS 65.200 to .2006. CALGA mandates that a local government provide for the defense of an employee in an action in tort arising out of acts or omissions occurring within the scope of his or her employment.”
Kentucky Ass'n of Counties All Lines Fund Trust v. McClendon, 157 S.W.3d 626 (Ky. 2005).
· cites it 2× “duties or to account properly for all moneys and property received by virtue of his position or employment, the action of a public officer in seeking and receiving an unauthorized salary increase or in refusing to return overpayments of salary constitutes a breach of the bond…”
Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001).
“2003(3) has no application here since a board of education is not a "local government” as defined in KRS 65.200(3).”
Nationwide Mut. Ins. Co v. Hatfield, 122 S.W.3d 36 (Ky. 2003).
· cites it 2× “, and the Claims Against Local Governments Act, KRS 65.200, et seq. See 1 Paul A. Eisler, California Uninsured Motorist Law § 10.”
Louisville Metro Hous. Auth. v. Burns Ex Rel. Burns, 198 S.W.3d 147 (Ky. Ct. App. 2005).
· cites it 2× “The trial judge initially concluded that the Authority was an agency of the City of Louisville which was afforded immunity against the punitive damage claim by operation of KRS 65.”
Siding Sales, Inc. v. Warren Cnty. Water Dist., 984 S.W.2d 490 (Ky. Ct. App. 1998).
“” KRS 65.200(3). (Emphasis added). For the same reasoning we have set forth above supporting the City’s exemption from HabiHty for alleged acts of negligence, we find the Water District to be exempt from such HabiHty.”
— Ky. Rev. Stat. § 65.200(1) — 4 cases
— Ky. Rev. Stat. § 65.200(2) — 1 case
Richardson v. Louisville/Jefferson Cnty. Metro Gov't, 260 S.W.3d 777 (Ky. 2008).
“KRS 65.200 to .2006. CALGA mandates that a local government provide for the defense of an employee in an action in tort arising out of acts or omissions occurring within the scope of his or her employment.”
— Ky. Rev. Stat. § 65.200(3) — 10 cases
Phelps v. Louisville Water Co., 103 S.W.3d 46 (Ky. 2003).
“The court found that KRS 65.200 et seq. precludes an award of punitive damages against a "local government" and therefore reversed the $2,000,000 punitive award against LWC.”
Schwindel v. Meade Cnty., 113 S.W.3d 159 (Ky. 2003).
“, the so-called “Claims Against Local Governments Act” (GALGA), constitutes a waiver by the General Assembly of a county’s immunity from vicarious liability for damages arising from the tortious performance of ministerial acts by its employees.”
Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001).
“2003(3) has no application here since a board of education is not a "local government” as defined in KRS 65.200(3).”
Siding Sales, Inc. v. Warren Cnty. Water Dist., 984 S.W.2d 490 (Ky. Ct. App. 1998).
“” KRS 65.200(3). (Emphasis added). For the same reasoning we have set forth above supporting the City’s exemption from HabiHty for alleged acts of negligence, we find the Water District to be exempt from such HabiHty.”
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