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RAY v. HARDEE'S FOOD SYSTEMS, INC.

No. 89-CA-0832-S.

785 S.W.2d 519 (1990)

Marcus L. RAY, Appellant, v. HARDEE'S FOOD SYSTEMS, INC. d/b/a Hardee's, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 18, 1990.

Attorney(s) appearing for the Case

Dennis J. Hummel, Kevin P. Kinney, Hummel & Coan, Louisville, for appellant.

Irvin Abell, III, Mary Ross Terry, Rudy Bisciotti, Brown, Todd & Heyburn, Louisville, for appellee.

Before HOWERTON, C.J., and GUDGEL and MILLER, JJ.

MILLER, Judge.

This is an appeal from a summary judgment entered in the Jefferson Circuit Court.

Marcus L. Ray was shot while working at a restaurant owned by appellee, Hardee's Food Systems, Inc., d/b/a Hardee's (hereinafter referred to as "Hardee's".) Approximately five minutes before the arrival of the assailant, Roger Payne, Sue Bratcher, an off-duty Hardee's employee, telephoned the restaurant and spoke with Kim McCarty, the shift supervisor. From this...

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