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EDWARDS v. LAND

No. 90-CA-002391-MR.

851 S.W.2d 484 (1992)

Wilbur A. EDWARDS; Johnetta Haselden; and Agway Insurance Company, Appellants, v. Kenneth LAND; Martha Land; and Kendra Land, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court May 21, 1993.

Attorney(s) appearing for the Case

James G. Sheehan, Jr., Sheehan, Barnett & Hays, Danville, for appellant Edwards.

Pierce W. Hamblin, Jane Durkin Samuel, Landrum & Shouse, Lexington, for appellants Haselden and Agway Ins. Co.

Richard Clay, Clay & Clay, Danville, Robert L. Bertram, Bertram & Wilson, Jamestown, for appellees Land.

Before LESTER, C.J., and HUDDLESTON and WILHOIT, JJ.

HUDDLESTON, Judge.

This is an appeal from a Boyle Circuit Court order finding House Bill 551 of the 1988 General Assembly — and consequently KRS 411.188 — unconstitutional. Because we believe the trial judge erred as a matter of law in reaching this determination, we reverse.

This litigation began when Kenneth, Martha and Kendra Land filed suit against Wilbur A. Edwards and Johnetta Haselden for damages resulting from personal injuries sustained...

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