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TRANSPORTATION CABINET v. THURMAN

No. 93-CA-2603-MR.

897 S.W.2d 597 (1995)

TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS, COMMONWEALTH OF KENTUCKY, Appellant, v. David W. THURMAN, Administrator of the Estate of Robert J. Thurman, Karen J. Thurman, Robert D. Thurman, and Kentucky Board of Claims, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court May 31, 1995.

Attorney(s) appearing for the Case

Stewart C. Burch, Edwin A. Logan, Frankfort, for appellant.

James M. Gary, Louisville, for appellees Thurman.

Before COMBS, EMBERTON and WILHOIT, JJ.

OPINION

COMBS, Judge:

Appellant appeals the decision of the Laurel Circuit Court affirming the Board of Claims award of $250,000.00, based upon the negligent maintenance of weigh station premises resulting in substantial injury and death to the Appellees. Appellant Transportation Cabinet (Cabinet), alleges that the Appellees, Karen Thurman (Karen), Robert D. Thurman (Robert), and David Thurman, (referred

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