Nelson County Board of Education v. Forte, 337 S.W.3d 617

Carole Forte, a Nelson County teacher, was killed leaving a school by an unsecured gate pole blown by wind.
Gene Forte, as administrator of Carole Forte's estate, filed a wrongful-death tort action in Nelson Circuit Court in 2007 against the Nelson County Board of Education.
Forte also filed a protective claim in the Kentucky Board of Claims and sought abeyance while the circuit court decided immunity.
On August 1, 2008, the Board of Claims dismissed Forte's Board action with prejudice for statute of limitations, and Forte sought circuit court relief under the savings statute.
The Nelson Circuit Court vacated the Board's order on October 15, 2008 and remanded for a decision in abeyance; the Board of Education appealed and the Court of Appeals affirmed the circuit court.
On August 7, 2009, the circuit court granted summary judgment to the Board of Education on immunity; the two cases were consolidated for review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Board of Claims had jurisdiction to hear immunity issues first	Forte: circuit court should decide immunity; Board premature	Board: Board has exclusive jurisdiction over immunity questions	Board action premature and interposed in improper forum; circuit court should decide immunity first
Whether the savings statute tolls the statute of limitations so the Board action is timely	Forte: savings statute tolls time until circuit decision; Board action timely	Board: savings statute not applicable because Board lacked jurisdiction	Savings statute tolling applies; however, Board action was premature and nullity
Whether the Court of Appeals properly dismissed Forte's appeal for failing to join a necessary party	Forte: joinder rules do not render appeal defective; board may be non indispensable	Board: Board of Education indispensable; appeal jurisdiction defective	Nelson County Board of Education indispensable; appeal properly dismissed

Yanero v. Davis, 65 S.W.3d 510 (Ky. 2002) (board authority cannot trump circuit court immunity decision)
Autry v. Western Kentucky University, 219 S.W.3d 713 (Ky. 2007) (ministerial vs governmental immunity distinctions)
Stallings v. City of Devondale, 795 S.W.2d 954 (Ky. 1990) (appellate joinder rule language)
Braden v. Republic-Vanguard Life Ins. Co., 657 S.W.2d 241 (Ky. 1983) (indispensable party rule on appeal)
Tri-County Nat. Bank v. Green Point Credit, LLC, 190 S.W.3d 360 (Ky. App. 2006) (motion to join indispensable party; appellate joinder)
Lassiter v. American Exp. Travel Related Services Co., Inc., 308 S.W.3d 714 (Ky. 2010) (substantial compliance in notices of appeal)