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MOORE v. ROBERTS BY AND THROUGH ROBERTS

684 S.W.2d 276 (1982)

Karl T. MOORE and Kentucky Farm Bureau Mutual Insurance, Appellants/Movants, v. Lisa ROBERTS, By and Through next friend, Judith ROBERTS and Earl Bailey, administrator of the Estate of Barbara Bailey, Appellees/Respondents.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing February 28, 1985.

Attorney(s) appearing for the Case

J.D. Raine, Jr., Raine & Raine, Louisville, for appellants/movants.

Don F. Schmidt, Louisville, for appellee/respondent Lisa Roberts.

Henry S. Johnson, Handmaker, Weber, Meyer & Rose, Louisville, for appellees/respondents Earl Bailey, Administrator of the Estate of Barbara Bailey.

O'HARA, Justice.

On October 26, 1978, Karl Moore (appellant herein) spent the day doing odd jobs with a friend, Roger Underwood. Over a fourteen hour period, Moore drank between seven and fourteen beers. Late that night while driving Underwood's vehicle (Underwood was too intoxicated to drive and was a passenger), Moore offered a ride to Lisa Roberts, Barbara Bailey and Moreen Letteney. There was testimony that Underwood had a six pack of beer and Roberts a fifth...

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