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CRIME FIGHTERS PATROL v. HILES

Nos. 86-SC-907-DG, 86-SC-1068-DG and 86-SC-1073-DG.

740 S.W.2d 936 (1987)

CRIME FIGHTERS PATROL, Appellant, v. Larry HILES, Gwendolyn Hiles, White Castle Systems, Inc. and Robert Cook, Appellees. Larry HILES and Gwendolyn Hiles, Cross/Appellants, v. CRIME FIGHTERS PATROL, Cross/Appellee. WHITE CASTLE SYSTEMS, INC., Cross/Appellant, v. CRIME FIGHTERS PATROL, Cross/Appellee.

Supreme Court of Kentucky.

As Corrected November 25, 1987.

Attorney(s) appearing for the Case

Thomas R. Yocum, Benjamin, Sack, Yocum & Heather, Cincinnati, Ohio, for Crime Fighters Patrol.

Gregory N. Schabell, Florence, for Larry and Gwendolyn Hiles.

Thomas C. Smith, N. Jeffrey Blankenship, Covington, for White Castle Systems, Inc.

Larry Hicks, Florence, for Robert Cook.

LEIBSON, Justice.

The issue is whether the trial court, applying principles of indemnity, properly granted summary judgment in favor of the appellees.

Larry Hiles and Gwendolyn Hiles, his wife, filed suit against White Castle Systems, Inc. ("White Castle") alleging that on March 13, 1982, Larry Hiles was a customer in White Castle's business establishment when he was "viciously attacked and beaten by another guest." The assailant was Robert Cook. The gravamen...

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