CUMBERLAND VALLEY v. BELL COUNTY

Nos. 2000-SC-000951-DG, 2004-SC-001121-DG.

238 S.W.3d 644 (2007)

CUMBERLAND VALLEY CONTRACTORS, INC. and DEL RIO, INC., Appellants/Cross-Appellees, v. BELL COUNTY COAL CORPORATION and Darrell Huff, Appellees/Cross-Appellants.

Supreme Court of Kentucky.

Rehearing Denied December 20, 2007.


Attorney(s) appearing for the Case

Jacob P. Cline, III, Middlesboro, Elizabeth Ullmer Mendel, Woodward, Hobson & Fulton, L.L.P., Louisville, Counsel for Appellants/Cross-Appellees Cumberland Valley Contractors, Inc. and Del Rio, Inc.

Perry M. Bentley, J. Peter Cassidy, Jr., Todd S. Page, Palmer G. Vance, II, Stoll, Keenon & Ogden, PLLC, Lexington, Counsel for Appellees/Cross-Appellants Bell County Coal Corporation and Darrell Huff.


MINTON, Justice.

I. INTRODUCTION.

As a general rule, a party cannot contract away liability for damages caused by that party's failure to comply with a duty imposed by a safety statute. This case presents the question of whether this general rule applies to void a liability-shifting clause in a contract between parties to a coal mining agreement where one side claims economic damages resulting from the other's failure to comply with statutory mine-mapping...

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