1. Home
  2. Browse Decisions
  3. S.W.3d
  4. 179 S.W.3d
  5. 179 S.W.3d 830 (2005)
 

AETNA CAS. & SUR. CO. v. COM.

No. 2002-SC-307-DG, 2002-SC-407-DG, 2002-SC-408-DG.

179 S.W.3d 830 (2005)

AETNA CASUALTY & SURETY COMPANY, et al., Appellants, v. COMMONWEALTH of Kentucky, Natural Resources and Environmental Protection Cabinet, et al., Appellees, and Westinghouse Hittman Nuclear, Inc., et al., Cross-Appellants, v. Aetna Casualty & Surety Company, et al., Cross-Appellees, and Atcor, Inc., et al., Cross-Appellants, v. Aetna Casualty & Surety Company, et al., Cross-Appellees.

Supreme Court of Kentucky.

As Modified on Grant of Rehearing January 19, 2006.

Attorney(s) appearing for the Case

Roger E. Warin, Kenneth I. Jonson, Samuel T. Perkins, Steptoe & Johnson LLP, Washington, D.C., O. Grant Bruton, C. Kent Hatfield, John W. Bilby, Middleton & Reutilnger, Louisville, KY, Counsel for Appellants.

C. Michael Haines, Deputy General Counsel, Office of Legal Counsel, Kentucky Natural Resources & Environmental Protection Cabinet, Frankfort, Eugene L. Mosley, Ackerson, Mosley & Yann, Louisville, KY, Neal R. Brendel, James R. Segerdahl, Christopher C. French, Kirkpatrick & Lockhart LLP, Anne Courtney Coorssen, Westinghouse Electric Corporation, Law Department, Pittsburgh, PA, Richard M. Sullivan, Edward F. Busch, Kenneth A. Bohnert, Conliffe, Sandmann & Sullivan, Irvin D. Foley, Foley, Bryant & Holloway, Louisville, KY, M. Murphy, Kenneth G. Schuler, Latham & Watkins, Chicago, IL, Counsel for Appellees.

Opinion of the Court by Justice SCOTT.

This appeal is from the judgment of the Court of Appeals, affirming the decision of the Jefferson Circuit Court, except on the jury instruction issue of fortuity. The Court of Appeals reversed on the issue of fortuity and remanded the matter for a new trial consistent with their opinion.

Six separate issues were raised on appeal and cross-appeal by the various parties. These include: (1) whether the Court of Appeals erred...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases