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FARMER v. CITY OF NEWPORT

No. 86-CA-385-MR.

748 S.W.2d 162 (1988)

Richard Michael FARMER, Individually, and as Administrator of the Estates of Sarah Mae Farmer, Michael Richard Farmer, Shaunda Lynn Farmer, Steven Ray Farmer, and Famie Marie Farmer, Deceased, and Ronnie Dean, Sr., Individually, and as Administrator of the Estates of Ronnie Dean, Jr. and Anna Lee Dean, Deceased, Appellants, v. CITY OF NEWPORT, Alum-A-Craft, Bassett Bedding, Dixie Bedding Company, Questor Juvenile Furniture, Serta Northeast Serta-Mattress Company, Cumberland Bedding a/k/a Sharp Bedding Company, McMillan Bedding Company, Harry Goldman Foam Products Company, Superior Mattress, Steel City Bedding and Mattress Company, Inc., Hygienic Mattress Company, and Oklahoma Mattress and Furniture, Appellees.

Court of Appeals of Kentucky.

April 8, 1988.

Attorney(s) appearing for the Case

Garry L. Emondson, Covington, for Richard Michael Farmer.

Robert P. Gettys, Covington, for Ronnie Dean, Sr.

James Parsons and Daniel R. Braun, Newport, for City of Newport.

Richard A. Jarvis, Latonia, for Alum-A-Craft.

Kurt A. Philipps, Covington, for Bassett Bedding.

Mark G. Arnzen, Covington, for Dixie Bedding Co.

William T. Robinson, Covington, for Questor Juvenile Furniture.

A.J. Jolly, Newport, for Serta Northeast and Serta-Mattress Co.

Before HOWERTON, C.J., and COMBS and McDONALD, JJ.

HOWERTON, Chief Judge.

Farmer and Dean appeal from an order of the Campbell Circuit Court issued pursuant to CR 12 dismissing their claims against approximately 100 mattress manufacturers to the extent that the claims were based on a theory of "enterprise liability" or "concert of action." The court held that these theories did not state a cause of action in Kentucky, but it retained jurisdiction over all claims against any manufacturers who made the products which...

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