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BROOKS v. BURKEEN

549 S.W.2d 91 (1977)

Evelyn Pinkerton BROOKS, Appellant, v. Obie BURKEEN et al., Appellees. Seretha CHILDERS et al., Appellants, v. INTERNATIONAL HARVESTER COMPANY et al., Appellees.

Supreme Court of Kentucky.

April 1, 1977.

Attorney(s) appearing for the Case

James W. Owens, Chartered, Paducah, for appellant, Brooks.

Hughes & Gregory, Murray, for appellee, Burkeen.

Boehl, Stopher, Graves & Deindoerfer, Paducah, for appellee, Allied Structural Steel Corp.

Joe G. Leibson, Louisville, for appellants, Childers et al.

Carl A. Henlein, Louisville, for International Harvester et al.

LUKOWSKY, Justice.

The question presented for decision by these consolidated appeals is whether the following claims can withstand a motion to dismiss. CR 12.02. The trial judges answered the question in the negative and we agree.

I.

Seretha Childers is the widow of Luegean Childers who died on September 23, 1974, of asphyxiation while he was at work and in the process of cleaning out a furnace. The death allegedly occurred as a result of the negligence...

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