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RENDERED: MARCH 4, 2005; 10:00 a.m.
TO BE PUBLISHED

MODIFIED: MAY 20, 2005; 2:00 p.m.

Commonwealth Of Kentucky

Court of Appeals
NO. 2004-CA-000216-MR

DONNIE AUTRY AND VIRGINIA WHITE,
CO-ADMINISTRATORS OF THE ESTATE OF
MELISSA KAYE AUTRY APPELLANTS

APPEAL FROM WARREN CIRCUIT COURT

v. HONORABLE STEVEN ALAN WILSON, JUDGE1
ACTION NO. 03-CI-01492

WESTERN KENTUCKY UNIVERSITY;
WKU STUDENT LIFE FOUNDATION, INC.;
SANDRA HESS, IN HER OFFICIAL CAPACITY;
AUBREY LIVINGSTON, IN HER OFFICIAL CAPACITY;
LYNN ALLISON TODD, IN HER OFFICIAL CAPACITY;
ALEX KUEHNE, IN HIS OFFICIAL CAPACITY; AND
AJA HENDRIX, IN HIS OFFICIAL CAPACITY APPELLEES

OPINION
AFFIRMING IN PART, REVERSING IN PART
AND REMANDING

** ** ** ** **

BEFORE: COMBS, CHIEF JUDGE; JOHNSON, JUDGE; AND MILLER, SENIOR
JUDGE.2

1 Honorable Thomas R. Lewis presided in this case and signed various orders
until he took senior status in June 2003. Then Judge Lewis was assigned to
this case as a special judge until Judge Wilson took office in December 2003.

2 Senior Judge John D. Miller sitting as Special Judge by assignment of the
Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and
KRS 21.580.

JOHNSON, JUDGE: Donnie Autry and Virginia White, Co-

Administrators of the Estate of Melissa Kay Autry (hereinafter
Autry), have appealed orders of dismissal of the Warren Circuit
Court entered on November 26, 2003, January 7, 2004, and January
26, 2004, dismissing Western Kentucky University (hereinafter
WKU), WKU Student Life Foundation, Inc. (hereinafter SLF), and
WKU employees, Sandra Hess, Aubrey Livingston, Lynne Allison
Todd, Alex Kuehne, and Aja Hendrix (hereinafter WKU employees),
in their official capacities only, from the wrongful death
action filed by Autry alleging negligence by these appellees in
failing to provide safe campus housing to their decedent.3
Having concluded that the trial court did not err by dismissing
WKU from the suit, as it is entitled to governmental immunity,
we affirm that portion of the trial court

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