Date: 04-16-2001

Case Style: Ezell v. Christian County Kentucky

Case Number: 99-5497

Judge: Merritt

Court: United States Court of Appeals for the Sixth Circuit

Plaintiff's Attorney: Ben S. Fletcher III, H. Douglas Willen, and James R. Redd, III of Fletcher, Cotthoff & Willen, Hospkinsville, Kentucky

Defendant's Attorney: Marvin P. Nunley of McCarroll, Nunley & Hartz, Owensboro, Kentucky and J. Michael Foster of Foster, Soyars & Associates, Hospkinsville, Kentucky

Description: This diversity case concerns the liability of a Kentucky county and its director of public works or county engineer for a traffic fatality allegedly caused by lack of proper road signs and by allowing an intersection to grow up in weeds and bushes in violation of Kentucky law. A Kentucky statute imposes on the county engineer the duty to "remove trees and other obstacles from the right of way" in order to avoid "a hazard to traffic," Kentucky Revised Statutes § 179.070, and another Kentucky statute provides that "a person injured by the violation of any statute may recover" damages, KRS § 446.070.

There is no case law from Kentucky interpreting the question of liability of the county engineer under these statutes. Therefore, upon motion by the parties after oral argument, we certified two questions to the Kentucky Supreme Court concerning liability of the county engineer in such circumstances and his duty to train employees as to the requirements of road signage under Kentucky law. Ezell v. Christian Cty., Ky., No. 99-5497 (6th Cir. June 13, 2000)(certification order to Kentucky Supreme Court). The Kentucky Supreme Court denied the request. Ezell v. Christian Cty., Ky., 2000-SC-0511-CL (Aug. 24, 2000) (Order Denying Request to Certify the Law). We will answer the questions raised in this appeal as best we can, given the lack of guidance from the Kentucky courts.

The facts are basically undisputed. On August 16, 1996, Billy Don Ezell, a resident of Alabama, was killed in an automobile accident in Christian County, Kentucky, after his car ran through a stop sign at an intersection and collided with another. David Ezell was appointed administrator of his brother's estate and filed this action on behalf of the estate in federal court against Christian County and Chuck Chambers, the county road supervisor. Plaintiff claims that defendants were negligent because the stop sign at the intersection where Billy Don was killed was not placed in conformance with Kentucky law. He also says that the intersection was not properly maintained as required by Kentucky law because the stop sign was blocked from view by bushes.

The district court entered summary judgment for Christian County on the basis of sovereign immunity. The district court also granted summary judgment in favor of Chambers, finding that he had no direct responsibility for the accident and was therefore not liable under Kentucky law. Plaintiff appeals from the grant of summary judgment to both defendants.

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Click the case caption above for the full text of the Court's opinion.

Outcome: Affirmed in part, reversed in part, and remanded.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None