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M & T CHEMICALS, INC. v. WESTRICK

525 S.W.2d 740 (1974)

M & T CHEMICALS, INC., Appellant, v. Donald Lee WESTRICK, by Joyce Westrick, his mother and next friend, Appellee. Johnny N. DAVIS, Appellant, v. Donald Lee WESTRICK, etc., et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 20, 1975.

Attorney(s) appearing for the Case

William Mellor, Mellor & Shaw, Louisville, for appellant M & T Chemicals.

Andrew J. Russell and William P. Swain, Boehl, Stopher, Graves & Deindoerfer, Louisville, John G. Wright, Warsaw, for appellant Johnny N. Davis.

Robin Griffin, Miller, Griffin & Marks, Lexington, W. A. Wickliffe, Harrodsburg, for appellee.

JONES, Justice.

On December 6, 1969, Donald Lee Westrick, age 5, had a foot severed by the explosion of a metal drum. His mother, Joyce Westrick, filed an action against M & T Chemicals, Inc.; Johnny N. Davis, d/b/a Tip-Top Sanitation; and Charles Ryan, owner and operator of a mobile home park. The jury returned a verdict for $76,111.00 against M & T; and $38,055.50 each against Davis and Ryan. In addition, M &...

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