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PENKER CONSTRUCTION COMPANY v. FINLEY

485 S.W.2d 244 (1972)

PENKER CONSTRUCTION COMPANY et al., Appellants, v. Jack FINLEY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 20, 1972.

Attorney(s) appearing for the Case

Charles Landrum, Jr., Landrum & Patterson, Lexington, for Penker Constr. Co.

Henry R. Wilhoit, Jr., Wilhoit & Wilhoit, Grayson, for Brandeis Machinery & Supply Corp.

B. L. Kessinger, Jr., Harbison, Kessinger, Lisle & Bush, Lexington, for International Harvester Co.

Robert P. Woods, Gray, Woods & Cooper, Ashland, for Drott Manufacturing Corp.

Eldon L. Webb, Ashland, for Jack Finley.

H. Gene Baldridge, Ashland, for U. S. Fidelity and Guaranty Co.

NEIKIRK, Justice.

Jack Finley was seriously injured while operating a 250 International Harvester skid shovel, referred to as an "end loader," in employment by the Penker Construction Company (hereinafter referred to as "Penker") at a job site in Carter County. Finley had been a heavy equipment operator for more than seventeen years. Before the accident, he had been operating a large power shovel, loading rock and other debris into dump trucks. The shovel broke down...

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