POOLE TRUCK LINE v. COM., TRANSP. CABINET

No. 94-CA-0752-MR.

892 S.W.2d 611 (1995)

POOLE TRUCK LINE, INC., Appellant, v. COMMONWEALTH of Kentucky, TRANSPORTATION CABINET/DEPARTMENT OF HIGHWAYS, By and Through its Secretary, Don KELLY; Kentucky Board of Claims, By and Through its Chairman, Jack D. Razor; and Chris Gorman, Attorney General for the Commonwealth of Kentucky, Appellees.

Court of Appeals of Kentucky.

February 10, 1995.


Attorney(s) appearing for the Case

Edward Adair, Will Stambaugh, Farmer & Farmer, London, for appellant.

Stewart Burch, Logan & Gaines, Frankfort, for appellees.

Before HOWERTON, JOHNSTONE and WILHOIT, JJ.


HOWERTON, Judge.

This appeal involves a Board of Claims decision that was affirmed by the Fayette Circuit Court. Though it found that the Commonwealth had been negligent in designing a highway intersection, the Board dismissed an indemnity action brought by Poole Truck Line, Inc. on the ground that such claims were no longer cognizable under the 1986 amendments to KRS 44.070(1). Poole argues that indemnity claims are neither collateral nor dependent and remain cognizable...

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