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BOHANNON v. RUTLAND

616 S.W.2d 46 (1981)

Phillip BOHANNON, Movant, v. Al C. RUTLAND, d/b/a Rutland's Barbeque, Hopkinsville, Kentucky, Respondent.

Supreme Court of Kentucky.

May 26, 1981.

Attorney(s) appearing for the Case

Joe A. Owen, Robert L. Prince, Prince & Owen, Benton, for movant.

John J. Chewning, Hopkinsville, for respondent.

AKER, Justice.

This case involves the dismissal of a complaint in Christian Circuit Court pursuant to Civil Rule 77.02(2).

Appellant Phillip Bohannon filed a complaint on August 25, 1978, in which he alleged that he suffered food poisoning after eating food prepared by Appellee Rutland's restaurant for a company picnic on August 27, 1977. After filing his complaint the appellant took no further affirmative steps for a period of one year. The appellee, however...

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