Geisler v. Kentucky Community and Technical College System, No. 2016-CA-001094-MR: Plaintiff was seriously injured while descending steps of a building owned by Defendant. Defendant, a state community college, first obtained dismissal in Jefferson Circuit Court on the basis of immunity. The Court of Appeals then affirmed this dismissal and agreed with the Defendant’s arguments, ultimately holding that the Defendant, as a public education entity, met the two-prong test for governmental immunity by performing a governmental function as opposed to a proprietary one. The Appellate Court also held the trial court’s citation to unpublished authority did not run afoul of the law because its opinion was first grounded in published authority, and then bolstered by citations to express holdings in an unpublished opinion.
