Kentucky Supreme Court

Erin Haney, Appellant v. Biljana Monsky (as Next Friend of Max Zager, a Minor Child), Appellee

May 7, 2010311 S.W.3d 235

Summary

The court held that Haney’s supervision of the children during the Night Hike activity was discretionary rather than ministerial, entitling her to qualified official immunity as a matter of law. The training and instructions did not impose an absolute, certain, and imperative duty governing how she had to respond to the changing circumstances during the activity. The court therefore reversed the lower courts’ denial of summary judgment and remanded for further proceedings.