NELSON v. MARTIN


552 S.W.2d 668 (1977)

James Edward NELSON, Movant, v. Paul E. MARTIN, Respondent.

Court of Appeals of Kentucky.

Discretionary Review Granted June 29, 1977.


Attorney(s) appearing for the Case

Stanley R. Hogg, Creech & Hogg, Ashland, for movant.

David O. Welch, Ashland, for respondent.

Before HOGGE, COOPER and REYNOLDS, Judges.


HOGGE, Judge.

This appeal arises from an action for wrongful death filed by the appellant, on behalf of the estate of the deceased, Douglas Nelson, against appellee, Paul E. Martin. Upon completion of the pleadings, defendant moved for a summary judgment. Copies of the motion, supporting affidavits, and notice that a hearing would be held on the motion on January 31, 1976 were served on counsel for appellant. The appellant failed to appear at the hearing on the motion...

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