BURKE ENTERPRISES, INC. v. MITCHELL


700 S.W.2d 789 (1985)

BURKE ENTERPRISES, INC., Movant, v. Stanley MITCHELL, Respondent.

Supreme Court of Kentucky.

November 21, 1985.


Attorney(s) appearing for the Case

John G. Crutchfield, Ewen, MacKenzie & Peden, PSC, Louisville, for movant.

John M. Longmeyer, Louisville, for respondent.


OPINION OF THE COURT

This is an appeal from a judgment entered on a jury verdict in favor of respondent, Stanley Mitchell, in the sum of $17,955.76 for personal injuries he sustained while operating a two man, gasoline powered, post hole digger which he had rented from the movant, Burke Enterprises, Inc., d/b/a Burke Rental Center.

On September 12, 1980, Mitchell was in the process of building a backyard fence. A neighbor suggested he rent a post hole digger...

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