MORGAN v. SCOTT

Nos. 2006-SC-000693-DG, 2006-SC-000701-DG, 2007-SC-000282-DG.

291 S.W.3d 622 (2009)

Timothy MORGAN, Appellant, v. Candria SCOTT and James E. Scott, Jr., Appellees. and Candria Scott and James E. Scott, Jr., Appellants, v. Moore Pontiac, Buick, GMC, Inc., Appellee. and Moore Pontiac, Buick, GMC, Inc., Cross-Appellant, v. Candria Scott and James E. Scott, Jr., Cross-Appellees.

Supreme Court of Kentucky.

Rehearing Denied October 1, 2009.


Attorney(s) appearing for the Case

Pamela Adams Chesnut, Boehl, Stopher & Graves, LLP, Lexington, KY, Counsel for Appellant Timothy Morgan.

Deborah H. Patterson, Rania Marie Basha, Virginia Hamilton Snell, Wyatt, Tarrant & Combs, Louisville, KY, William J. Baird, III, William Jesse Baird, IV, Baird & Baird, P.S.C., Pikeville, KY, Counsel for Appellant Moore Pontiac, Buick, GMC, Inc.

Gary C. Johnson, Rhonda J. Blackburn, Gary C. Johnson, PSC, Pikeville, KY, Counsel for Appellees Candria Scott and James E. Scott, Jr.


OPINION OF THE COURT

INTRODUCTION

Among other issues, these appeals ask us to examine the extent of a car dealer's liability for injuries arising out of accidents that occur during a test drive. We hold that, at least under the facts presented, the dealer should not have been held liable.

We also consider the question of whether a tortfeasor to whom the jury apportioned only a portion of the liability for the plaintiffs' injuries becomes...

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