FLOYD v. CARLISLE CONST. CO., INC.

No. 86-SC-862-DG.

758 S.W.2d 430 (1988)

William FLOYD, Movant, v. CARLISLE CONSTRUCTION COMPANY, INC. and Steven J. Wood, Respondents.

Supreme Court of Kentucky.

October 6, 1988.


Attorney(s) appearing for the Case

Thomas A. Sweeney, Lange, Quill & Powers, Newport, for movant.

Mark G. Arnzen, Dana E. Deering, Robinson, Arnzen, Parry & Wentz, Covington, for respondents.


VANCE, Justice.

The question is whether a defendant in a tort claim is entitled to an instruction which would allow the jury to apportion a part of the plaintiff's damage against a joint tortfeasor with whom the plaintiff has settled but who was not named as a party defendant by the plaintiff and whom the defendant did not name as a third-party defendant.

The movant, William Floyd, was injured in a collision between an automobile driven by Steven Whittamore...

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