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W. L. HARPER COMPANY v. SLUSHER

469 S.W.2d 955 (1971)

W. L. HARPER COMPANY, Inc., et al., Appellants, v. Cecil SLUSHER, Administrator of the Estate of Donnie Wayne Slusher, Deceased, and Commonwealth of Kentucky, Department of Highways, Appellees.

Court of Appeals of Kentucky.

July 2, 1971.

Attorney(s) appearing for the Case

Robert L. Milby, London, W. M. Cox, Jr., Williamsburg, for W. L. Harper Co. and Harlan Elam.

Roy E. Tooms, Brown, Tooms & Helton, London, R. L. Brown, Williamsburg, for Hoover Inc. and Sam Bolton.

J. C. Helton, Pineville, Lowell W. Lundy, Barbourville, J. B. Johnson, J. B. Johnson, Jr., Williamsburg, for Cecil Slusher.

Gary Crabtree, Dept. of Highways, Somerset, for Dept. of Highways.

REED, Judge.

Donnie Wayne Slusher, a State Highway Department employee, was fatally injured while engaged in the performance of his job at a highway construction site. His personal representative filed a wrongful death action against W. L. Harper, Inc., the prime contractor on the project, and its employee, Harlan Elam; Hoover Inc., a subcontractor on the same project, and its employee, Sam Bolton, were also sued by the personal representative in the same action....

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