NUCOR CORP. v. GENERAL ELEC. CO.

Nos. 89-SC-802-DG, 90-SC-208-DG, 90-SC-209-DG.

812 S.W.2d 136 (1991)

NUCOR CORPORATION, Appellant, v. GENERAL ELECTRIC CO.; Arkwright-Boston Manufacturers Mutual Ins. Co.; Industrial Risk Insurers; Garst-Receveur Construction Company; and Harman & Conway, Inc., Appellees. HARMAN & CONWAY, INC., Cross-Appellant, v. NUCOR CORPORATION; General Electric Co.; Arkwright-Boston Manufacturers Mutual Insurance Co.; Industrial Risk Insurers; and Garst-Receveur Construction Co., Inc., Cross-Appellees. GENERAL ELECTRIC CO.; Arkwright-Boston Manufacturers Mutual Insurance Co.; and Industrial Risk Insurers, Cross-Appellants, v. NUCOR CORPORATION; Garst-Receveur Construction Co., Inc. and Harman & Conway, Inc., Cross-Appellees.

Supreme Court of Kentucky.

As Modified May 13, 1991.

Rehearing Denied August 29, 1991.


Attorney(s) appearing for the Case

Winfrey P. Blackburn, Jr., W. Kennedy Simpson, Michael G. Whitaker, Stites & Harbison, Louisville, for Nucor Corp.

Virginia H. Snell, Sheryl G. Snyder, Mary E. Barrazotto, Ann Michelle Turner, Wyatt, Tarrant & Combs, Louisville, for G.E., Arkwright and Industrial Risk.

A. Campbell Ewen, Ewen, Ray & Morris, Thomas G. Mooney, Edward H. Bartenstein, MacKenzie & Peden, P.S.C., Louisville, for Garst-Receveur.

A. Courtney Guild, Edward L. Schoenbaechler, Stephen E. Smith, Goldberg & Simpson, P.S.C., Louisville, for Harman & Conway.


LEIBSON, Justice.

This is a complex case with an even more complex history. On July 13, 1977, a warehouse roof at General Electric Company's Appliance Park in Louisville, Ky., partially collapsed causing substantial damage to the warehouse and numerous appliances stored in the warehouse. In August, less than a month later, another partial roof collapse occurred to the same warehouse resulting in further damage. Both failures occurred because the joist girders, or...

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