Court of Appeals of Kentucky November 14, 1997, No. 96-CA-1504-MR (Gray v. Commonwealth, Transportation Cabinet, Department of Highways)

COMBS, Judge,

dissenting.

I can find no rationale or justification for refusing to extend the survival statute (KRS 413.180) as interpreted by Conner, supra, to cases involving the Board of Claims. The doctrine of sovereign immunity, having been waived by the General Assembly by KRS 44.