SHEPHERD v. SUBURBAN MOTOR FREIGHT

No. 88-CA-391-MR.

780 S.W.2d 633 (1989)

Ronald Clark SHEPHERD, Appellant, v. SUBURBAN MOTOR FREIGHT, INC.; Rodney Ball, Individually, and d/b/a Fireball Express; and, Dwight David Ball, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court December 13, 1989.


Attorney(s) appearing for the Case

Brett Butler, Louisville, for appellant.

Armer H. Mahan, Jr., Gene F. Zipperle, Lynch, Cox, Gilman & Mahan, P.S.C., Louisville, for appellees.

Before DYCHE, REYNOLDS and WEST, JJ.


WEST, Judge.

This is an appeal from an order granting summary judgment in favor of the appellees in appellant's action pursuant to KRS 411.150. That statute allows a child under the age of eighteen (18) to bring an action against a person who by "careless, wanton, or malicious use of a deadly weapon" causes the death of the child's parent.

The appellant, Ronald Clark Shepherd, is the minor son of Jane Shepherd Purcell. Mrs. Purcell was killed in a motor vehicle...

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