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PROBUS v. SIRLES

569 S.W.2d 707 (1978)

Perry and Mary PROBUS, Appellants, v. Joseph SIRLES, Appellee.

Court of Appeals of Kentucky.

As Modified October 13, 1978.

Attorney(s) appearing for the Case

Charles M. Friedman, Richard J. Frockt, Frockt & Klingman, Louisville, for appellants.

Gerald R. Toner, S. Lloyd Cardwell, Stites, McElwain & Fowler, Louisville, for appellee.

Before MARTIN, Chief Judge, and HOGGE and WILHOIT, JJ.

HOGGE, Judge.

Perry and Mary Probus appeal from an order of the Jefferson Circuit Court dismissing their complaint against the appellee, Joseph Sirles, in which they had sought damages for personal injuries resulting from an automobile accident. The ground for the order was that the Probuses were precluded from maintaining a suit for common law negligence by the provisions of the Motor Vehicle Reparations Act. Neither Perry nor Mary had rejected the Act's limitation...

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