The claim stems from a fire that occurred in 2003 in which the Caneyville Fire Department responded.
Orville and Catherine Green of Green’s Motorcycle Salvage Inc. filed suit in December 2005 claiming that the fire department was negligent and that more property was damaged because the department didn’t recognize the need for help from surrounding departments in the fire that destroyed the Green’s buildings on U.S. 62.
Despite the fire department’s attempt to contain the fire, the business as well as much of the inventory was destroyed.
A story in a 2003 edition of the News-Gazette reported, the fire was noticed around 6:30 a.m. and Caneyville Fire Department was paged. Caneyville requested Leitchfield Fire Department be called for support around 6:45 a.m.
Shortly afterward, LFD was turned back to the firehouse and then called to the scene again around 7:30 a.m.
During the blaze, Green family members expressed outrage that the Leitchfield Department was instructed to return to the station before arriving at the fire.
"They (Caneyville Fire Department) did their best. All the boys in Caneyville have," Green said, but he begged dispatch to send LFD, too.
In May 2006, Grayson Circuit Judge Robert A. Miller ruled in favor of the city and fire department, based on the fact that the city did not have jurisdiction over the property and were not liable for damages.
The case was then sent to the Court of Appeals, which reversed the circuit court’s decision, ruling in favor of the Greens.
The Court of Appeals stated the decision was unconstitutional. The City of Caneyville requested a discretionary review from the Supreme Court in July, 2007, which was granted that October.
The doctrine of Sovereign Immunity states the “state cannot commit a legal wrong and is immune from civil suit or criminal prosecution.