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COM. v. FORTNER LP GAS CO., INC.

610 S.W.2d 941 (1980)

COMMONWEALTH of Kentucky, Appellant, v. FORTNER LP GAS COMPANY, INC., Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied February 13, 1981.

Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen., K. Gail Leeco, Asst. Atty. Gen., Frankfort, for appellant.

Thomas L. Osborne, Hopkinsville, for appellee.

Before GANT, GUDGEL, and WINTERSHEIMER, JJ.

GANT, Judge.

On March 13, 1979, a school bus was returning children to their homes in Livingston County. Phillip Kirkham, age 10, and his sister, Windy Kirkham, age 6, alighted from the bus and were attempting to cross the highway when a truck owned by appellee Fortner LP Gas Company, Inc. came upon the scene. The driver of the truck observed the bus about 400 feet ahead, geared down and applied the brakes, but failed to stop. The truck struck both children, injuring...

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