Wales v. Pullen
2012 Ky. App. LEXIS 298
| Ky. Ct. App. | 2012Background
- Following the September 2008 windstorm, Wales crashed his motorcycle after hitting downed trees on Wilson Ave.
- Pullen was the Director of Public Works; Storm was the Assistant Director over engineering and the County Engineer, supervising ~50 employees and overseeing capital projects.
- Wales filed suit against LG&E, Pullen, and Storm in their official and individual capacities for failure to remove downed trees or warn of hazards.
- Trial court granted summary judgment to Pullen and Storm on qualified official immunity; Storm was deemed not to owe a duty due to lack of knowledge of the statute.
- On appeal, the court held KRS 179.070 requires removal of hazards; disputed whether Storm’s duties included ministerial removal and whether immunity applied to Pullen.
- Court reversed Storm’s summary judgment, remanding for trial on negligence, while affirming Pullen’s qualified immunity and granting summary judgment in his favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Storm's duty to remove trees under KRS 179.070 | Storm had a ministerial duty to remove hazards per statute. | Storm claimed no awareness of the statute and no duty beyond his role. | Storm’s duty was ministerial; Storm liable and immunity inappropriate. |
| Storm's immunity versus ministerial duties | Immunity does not bar a ministerial duty failure. | Lacks actual authority due to unawareness; immunity applies. | Reverse; Storm liable for negligence; issues for jury on ministerial duty. |
| Pullen's qualified immunity | Pullen supervised a large department; may be liable for ministerial acts. | Pullen’s duties are discretionary and shielded by qualified immunity. | Pullen entitled to qualified immunity; affirmed trial court on this point. |
Key Cases Cited
- Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001) (qualified immunity for ministerial vs discretionary acts; good faith required)
- Autry v. Western Ky. Univ., 219 S.W.3d 713 (Ky. 2007) (limits on immunity for government employees)
- Caneyville Volunteer Fire Dept. v. Green’s Motorcycle Salvage, Inc., 286 S.W.3d 790 (Ky. 2009) (discretion vs ministerial duties; policy factors)
- Cottongim v. Stewart, 142 S.W.2d 171 (Ky. 1940) (liability when officer fails to perform ministerial duties)
- Forrester v. White, 484 U.S. 219 (U.S. 1988) (federal framework on official immunity and liability)
- Carroll v. Meredith, 59 S.W.3d 484 (Ky. App. 2001) (standard of review for summary judgment; de novo)