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BAKER v. WEBB

No. 93-CA-0009-MR.

883 S.W.2d 898 (1994)

Diana BAKER, Appellant, v. Ruth WEBB; Hamilton Mutual Insurance Co.; and Westerfield Insurance Co., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied By Supreme Court October 19, 1994.

Attorney(s) appearing for the Case

Howard O. Mann, Stephen C. Smith, Trimble & Mann, Corbin, for appellant.

Kenneth H. Gilliam, Hamm, Milby & Ridings, London, for appellees, Webb and Hamilton Mut. Ins. Co.

Michael P. Farmer, Farmer & Kelley, London, for appellee, Westerfield Ins. Co.

Before HOWERTON, McDONALD and WILHOIT, JJ.

McDONALD, Judge.

This is an appeal from a jury verdict where an apportionment of liability was assessed against a non-settling, non-party driver. We reverse consistent with our prior opinion in Bass v. Williams, Ky.App., 839 S.W.2d 559 (1992).

On January 3, 1990, Diana Baker was struck after getting out of a vehicle driven by Tim Baker, her brother-in-law. Ruth Webb backed her car out of a parking space and into the...

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