MILAM v. SEARS, ROEBUCK & CO.


554 S.W.2d 877 (1977)

Rebecca Ann MILAM, An Infant, By Her Next Friend, Leslie D. Aberson, Appellant, v. SEARS, ROEBUCK & COMPANY and Otis Elevator Company, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Granted September 13, 1977.


Attorney(s) appearing for the Case

William A. Miller and Leslie D. Aberson, Louisville, for appellant.

C. Alex Rose and Charles E. Theiler, II, Louisville, for Otis Elevator Co.

John P. Sandige, Woodward, Hobson & Fulton, Louisville, for Sears, Roebuck & Co.

Before HOWARD, LESTER, and WILHOIT, JJ.


HOWARD, Judge.

The sole question presented by this appeal is whether a plaintiff-appellee whose appeal has been affirmed can collect the penalty of 10% from each of two appellant-defendants.

The plaintiff-appellant, hereinafter called "Milam" received a joint and several judgment against Sears, Roebuck and Company, hereinafter called "Sears", and Otis Elevator Company, hereinafter called "Otis". The judgment was in the amount of $10,551.75 and same was superseded...

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