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BIRKENSHAW v. UNION LIGHT, HEAT AND POWER CO.

No. 93-SC-1022-CL.

889 S.W.2d 804 (1994)

In re Sandra L. BIRKENSHAW, Administratrix of the Estate of Arthur R. Birkenshaw, Deceased, Plaintiff/Appellant, v. The UNION LIGHT, HEAT AND POWER COMPANY, Defendant/Appellee.

Supreme Court of Kentucky.

December 22, 1994.

Attorney(s) appearing for the Case

Dennis A. Becker, Becker, Reed, Tilton & Hastings, Cincinnati, OH, for Plaintiff/Appellant.

Gary J. Sergent, O'Hara, Ruberg, Taylor, Sloan and Sergent, Covington, for defendant/appellee.

STUMBO, Justice.

The United States Court of Appeals for the Sixth Circuit has requested certification pursuant to CR 76.37 of two (2) questions of law. The operative facts as set forth by the Sixth Circuit are as follows:

On May 16, 1989, Arthur Birkenshaw was driving southbound on an interstate highway in Campbell County, Kentucky. An automobile owned by defendant, The Union Light, Heat and Power Company, and operated by one of its employees, crossed the...

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