Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Skeens v. University of Louisville

Court of Appeals of Kentucky

June 1, 2018

MILES DEVON SKEENS APPELLANT
v.
UNIVERSITY OF LOUISVILLE APPELLEE

          APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE ANGELA MCCORMICK BISIG, JUDGE ACTION NO. 16-CI-002850

          BRIEF AND ORAL ARGUMENTS FOR APPELLANT: Timothy McCarthy Louisville, Kentucky

          BRIEF FOR APPELLEE: Deborah H. Patterson Amanda Warford Edge Louisville, Kentucky

          ORAL ARGUMENTS FOR APPELLEE: Amanda Warford Edge Louisville, Kentucky

          BEFORE: JOHNSON, JONES, AND KRAMER, JUDGES.

          OPINION

          JOHNSON, JUDGE

         Miles Devon Skeens ("Skeens") appeals from an order of the Jefferson Circuit Court granting the University of Louisville's ("Uof L") Motion to Dismiss pursuant to Kentucky Rules of Civil Procedure ("CR") 12.02 for failure to state a claim upon which relief can be granted.

         BACKGROUND

         This case revolves around the question of whether a stepchild qualifies as a "child" under Kentucky Revised Statutes ("KRS") 164.2841 which grants "[f]ree tuition at state-supported school[s] for survivor[s] of … firefighter[s] killed in [the] line of duty[.]" Joseph Scott Northup, Sr. ("Northup") was a firefighter in Jessamine County, Kentucky. Northup married Skeens's mother in 1997 when Skeens was six years old. The family lived together in Northup's residence until Northup's death in 2004 with Northup acting as Skeens's father throughout this time via providing emotional and monetary support. Northup claimed Skeens as a taxable dependent from the time of his 1997 marriage to Skeens's mother until his death in 2004.

         Upon completion of high school, Skeens attended and graduated from Northern Kentucky University ("NKU"). The Kentucky Fire Commission determined that Skeens was eligible for a tuition waiver pursuant to KRS 164.2841. Skeens applied for the tuition waiver, and the tuition waiver was granted by NKU for the entire four years he attended that institution. After graduating, Skeens worked for two years before making the decision to pursue a law degree. He applied and was accepted into the law school at Uof L. Uof L, in contrast to NKU, informed Skeens that his status as Northup's stepchild precluded him from a tuition waiver pursuant to KRS 164.2841. Skeens sued Uof L in Jefferson Circuit Court, the court granted Uof L's Motion to Dismiss, and this appeal followed.

         STANDARD OF REVIEW

         The Kentucky Supreme Court has stated the appellate standard of review in a Motion to Dismiss case such as this is as follows:

A motion to dismiss for failure to state a claim upon which relief may be granted admits as true the material facts of the complaint. So a court should not grant such a motion unless it appears the pleading party would not be entitled to relief under any set of facts which could be proved . . . . Stated another way, the court must ask if the facts alleged in the complaint can be proved, would the plaintiff be entitled to relief? Since a motion to dismiss for failure to state a claim upon which relief may be granted is a pure question of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.