South Woodford Water District v. Byrd

352 S.W.3d 340, 2011 Ky. App. LEXIS 153, 2011 WL 4420835
CourtCourt of Appeals of Kentucky
DecidedSeptember 23, 2011
Docket2009-CA-000854-MR
StatusPublished
Cited by6 cases

This text of 352 S.W.3d 340 (South Woodford Water District v. Byrd) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
South Woodford Water District v. Byrd, 352 S.W.3d 340, 2011 Ky. App. LEXIS 153, 2011 WL 4420835 (Ky. Ct. App. 2011).

Opinions

OPINION

ACREE, Judge:

South Woodford Water District appeals the Woodford Circuit Court’s order denying its motion to dismiss John C. Byrd’s negligence claim. The water district asserts that the circuit court erred when it rejected its claim of governmental immunity. We find that we have jurisdiction to review this interlocutory order and we further find that the water district is entitled to the protection of governmental immunity. Therefore, and for the following reasons, we reverse the circuit court’s order with instructions to dismiss the case.

Facts and procedure

In early 2008, John C. Byrd requested that the water district terminate service to his residential rental property in Woodford County because the residence was vacant. Soon afterward, and for approximately two months, Byrd’s around-the-clock presence was required at his place of employment. It was not until April 1, 2008, that Byrd returned to the rental property and found it flooded. A water district employee had failed to turn off the water as Byrd requested, and the pipes froze in the cold of winter and burst, filling the home with many thousands of gallons of water. Byrd asserts this resulted in significant damage to the property.

Byrd filed suit in Woodford Circuit Court, naming the water district as the sole defendant, and alleging the water district had been negligent in failing to terminate water service as requested. The water district, believing it was entitled to immunity under multiple theories, filed a motion to dismiss for failure to state a claim upon which relief could be granted pursuant to Kentucky Rules of Civil Procedure (CR) 12.02(f). The circuit court was not persuaded and denied the motion. This appeal followed.

Standard of review

The standards which govern denial of a motion to dismiss, and those governing our review, have been repeated often. They are as follows:

A motion to dismiss for failure to state a claim upon which relief may be granted admits as true the material facts of the complaint. So a court should not grant such a motion unless it appears the pleading party would not be entitled to relief under any set of facts which could be proved.... Accordingly, the pleadings should be liberally construed in the light most favorable to the plaintiff, all allegations being taken as true. This exacting standard of review eliminates any need by the trial court to make findings of fact; rather, the question is purely a matter of law. Stated another way, the court must ask if the facts alleged in the complaint can be proved, would the plaintiff be entitled to relief? Since a motion to dismiss for failure to state a claim upon which relief may be granted is a pure question of law, a reviewing court owes no deference to a trial court’s determination; instead, an appellate court reviews the issue de novo.

Fox v. Grayson, 317 S.W.3d 1, 7 (Ky.2010), reh’g denied (Aug. 26, 2010) (citations and quotations omitted).

Jurisdiction to review claim of governmental immunity

Typically, this Court lacks appellate jurisdiction over interlocutory orders of a circuit court, including orders denying a motion to dismiss. CR 54.01. Yet there are a number of exceptions to this general [342]*342rule. Our Supreme Court in Breathitt County Board of Education v. Prater, 292 S.W.3d 883, 886 (Ky.2009), offered a list of several exceptions before adding to it interlocutory orders denying a government agency’s claim of immunity.

As stated in its opening sentence, the case before the Supreme Court in Prater presented the first “opportunity to address whether Kentucky’s appellate courts have jurisdiction to consider an appeal from an interlocutory order denying a motion to dismiss or motion for summary judgment premised on the movant’s claim of absolute immunity.” Id. at 884. To answer this question, the Court turned to United States Supreme Court precedent of Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), and Nixon v. Fitzgerald, 457 U.S. 731, 102 S.Ct. 2690, 73 L.Ed.2d 349 (1982).

Mitchell and Nixon applied the collateral order doctrine1 articulated in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949), to interlocutory appeals of government officials claiming immunity, and held that “the denial of a substantial claim of absolute immunity is an order appealable before final judgment.” Prater, 292 S.W.3d at 887 (quoting Mitchell, 472 U.S. at 525, 105 S.Ct. at 2815). Prater adapted the concepts of the collateral order doctrine to allow immediate appeal in that case of an order denying a claim of government agency immunity2 asserted by a board of education. The Court stated,

[Ujnlike other defenses, immunity is meant to shield its possessor not simply from liability but from the costs and burdens of litigation as well. An order denying a substantial claim of immunity is not meaningfully reviewable, therefore, at the close of litigation, and that fact leads us to conclude, as has the Supreme Court of the United States, that an interlocutory appeal is necessary in such cases notwithstanding the general rule limiting appellate jurisdiction to “final” judgments.

Prater, 292 S.W.3d at 888.

In sum, governmental immunity frees government entities named as defendants “from the burdens of defending the action, not merely ... from liability” — an entitlement that “cannot be vindicated following a final judgment for by then the party claiming immunity has already borne the costs and burdens of defending the action.” Prater, 292 S.W.3d at 886 (internal quotation marks and citation omitted). For that reason, the collateral order doctrine, as articulated in Cohen, as applied in Nixon and Mitchell, and as adapted in Prater, justifies appellate review of interlocutory orders denying motions to dismiss and for summary judgment motions by which common law immunity is claimed.

[343]*343 No jurisdiction to review defense of Claims Against Local Governments Act

In addition to arguing governmental immunity, the water district urges us to reverse the circuit court’s order based on the Claims Against Local Governments Act, Kentucky Revised Statutes (KRS) 65.200 — 65.2006. As we explain below, we have no jurisdiction to entertain that argument.

As previously indicated, governmental immunity frees the government agency from the burdens of litigation, not just liability. But the Claims Against Local Governments Act simply says “a local government shall not be liable for injuries or losses” except as provided by therein. KRS 65.2008 (emphasis added). As a statutory defense to liability only, its denial can be vindicated following a final judgment as with any other liability defense.

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South Woodford Water District v. Byrd
352 S.W.3d 340 (Court of Appeals of Kentucky, 2011)

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Bluebook (online)
352 S.W.3d 340, 2011 Ky. App. LEXIS 153, 2011 WL 4420835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-woodford-water-district-v-byrd-kyctapp-2011.