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BOLAND-MALONEY LUMBER CO., INC. v. BURNETT

Nos. 2008-CA-000059-MR, 2008-CA-000299-MR.

302 S.W.3d 680 (2009)

BOLAND-MALONEY LUMBER COMPANY, INC., Appellant, v. Douglas BURNETT; and Anthem Health Plans of Kentucky, Inc., Appellees. and Douglas Burnett, Appellant, v. Boland-Maloney Lumber Company, Appellee.

Court of Appeals of Kentucky.

September 11, 2009.

Attorney(s) appearing for the Case

Jamie K. Neal, Bethany A. Breetz (argued), John L. Tate, James M. Gary, Patrick W. Gault, Louisville, KY, for appellant/cross-appellee, Boland-Maloney.

Thomas H. Hughes (argued), Kerstin Schuhmann, Louisville, KY, for appellee/cross-appellant, Douglas Burnett.

Before ACREE, STUMBO, and WINE, Judges.

OPINION

WINE, Judge.

The appellant, Boland-Maloney Lumber Company, Inc. (hereinafter "Boland-Maloney"), appeals to this Court from a jury verdict in a negligence action involving an injury which occurred on a staircase. Boland-Maloney argues that the appellee Douglas Burnett failed to present a prima facie case of negligence against it, that the trial court denied Boland-Maloney its fundamental right to apportionment against a dismissed codefendant...

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