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CLARK v. YOUNG

692 S.W.2d 285 (1985)

Joseph W. CLARK, Jr., and Dolin Ellsworth Hornberger, Appellants, v. Billy H. YOUNG, Appellee. MTC, INC., d/b/a Mercer Transportation Company, Appellant, v. Billy H. YOUNG, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 28, 1985.

Attorney(s) appearing for the Case

Gerald Kirven, Louisville, for appellants Clark and Hornberger.

O. Grant Bruton, Lee Troutman Cory, Louisville, for appellant MTC, Inc.

Ann B. Oldfather, Louisville, for appellee.

Before COMBS, DUNN and MILLER, JJ.

MILLER, Judge.

This is an appeal from a judgment of the Jefferson Circuit Court entered upon a jury verdict for plaintiff. The facts are these:

Appellee, Billy Young, was employed as a warehouse leadman by Robintech, Inc., a manufacturer of plastic water pipes in Springfield, Kentucky. On November 24, 1980, Robintech had contracted with appellant/MTC, Inc., d/b/a Mercer Transportation Company (Mercer), a common carrier (49 U.S.C. § 10101 et seq. [1982...

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