Mountain Top Media
Appeals court rules Pike board has immunity in school bus crash lawsuit
PIKEVILLE, Ky. — The Kentucky Court of Appeals has overturned a Pike Circuit Court ruling that allowed a lawsuit against the Pike County Board of Education to proceed following a 2023 collision involving a school bus.
The appellate court ruled the school board is protected by governmental immunity and sent the case back to Pike Circuit Court for further proceedings.
The lawsuit was filed by Jonathan Collins, who alleges he was seriously injured when a school bus driven by Pike County school bus driver John Robinette collided with his vehicle in Pinsonfork on Dec. 6, 2023. Collins sued both Robinette and the Pike County Board of Education, alleging Robinette was negligent and was acting within the scope of his employment at the time of the crash.
Collins’ lawsuit sought damages for physical and mental pain and suffering, medical expenses, lost wages, permanent impairment of his ability to earn money and other losses.
The school board asked the circuit court to dismiss the claim against it based on governmental immunity. Pike Circuit Judge Eddy Coleman denied that request.
In his ruling, Coleman reasoned that Kentucky law allows school boards to purchase automobile liability insurance and that doing so waived the board’s immunity. He wrote that the board “should remain a party to this action up to and including the limits of the policy coverage.”
The Court of Appeals disagreed.
In an opinion rendered Friday, the appellate court said Kentucky courts have “repeatedly held” that school boards are agencies of the state and are entitled to governmental immunity.
The court specifically rejected the circuit court’s interpretation of the state law governing school board liability insurance.
“As to the circuit court’s specific reliance on KRS 160.310, that provision ‘does not waive a board of education’s governmental immunity from suit,’” the opinion states, citing an earlier Kentucky Supreme Court decision.
The appellate court also pointed to state law providing that the purchase of liability insurance “shall not be construed as a waiver of sovereign immunity or any other immunity or privilege thereby held.”
The court noted that transporting students is considered a governmental function of a county school board.
“The transportation of pupils is a governmental action because it is a necessary part of the school program of a county board of education,” the opinion states.
The Court of Appeals ultimately reversed the Pike Circuit Court’s decision denying the school board’s motion for summary judgment and remanded the case for further proceedings.
The ruling does not address the underlying allegations that Robinette was negligent or determine the extent of Collins’ injuries. The original lawsuit’s claims against Robinette individually remain part of the case. Collins alleged Robinette was operating the school bus within the course and scope of his employment when the collision occurred.
A copy of Friday’s opinion follows:
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