GOLDSMITH v. ALLIED BLDG. COMPONENTS

No. 91-SC-286-DG.

833 S.W.2d 378 (1992)

Terry D. GOLDSMITH and Kimberly Goldsmith, Appellants, v. ALLIED BUILDING COMPONENTS, INC., Appellee.

Supreme Court of Kentucky.

June 25, 1992.


Attorney(s) appearing for the Case

Kenneth H. Baker, James S. Scroghan, Louisville, for appellants.

Robert E. Stopher, Boehl, Stopher, Graves & Deindoerfer, Louisville, for appellee.


LAMBERT, Justice.

This Court granted discretionary review of an opinion of the Court of Appeals which affirmed the trial court's summary judgment. CR 56. Despite its acknowledgement of an issue of fact, the court below applied the clearly erroneous standard of CR 52.01 and held that the personal injury claim of appellant, Terry D. Goldsmith, and the loss of consortium claim of his wife were barred by the exclusive remedy provision of the Workers Compensation Act,...

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