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DAVIDSON v. AMERICAN FREIGHTWAYS, INC.

No. 1998-SC-0554-DG.

25 S.W.3d 94 (2000)

Joseph DAVIDSON; and Thomas Davidson, Appellants, v. AMERICAN FREIGHTWAYS, INC., Appellee.

Supreme Court of Kentucky.

August 24, 2000.

Attorney(s) appearing for the Case

Mike Breen, Mike Breen, Attorney at Law, P.S.C., Bowling Green, Richard M. Breen, Richard Breen Law Offices, P.S.C., Louisville, for Appellants.

Armer H. Mahan, Jr., Petersen Thomas, Lynch, Cox, Gilman & Mahan, P.S.C., Louisville, for Appellee.

M. Austin Mehr, Austin Mehr Law Offices, P.S.C., Lexington, for Amicus Curiae Kentucky Academy of Trial Attorneys.

COOPER, Justice.

On May 18, 1994, two tractor-trailer rigs, one owned by Appellee American Freightways, Inc. (AFI) and operated by its employee, William C. Jackson, and the other owned by Appellant Joseph Davidson and operated by Appellant Thomas Davidson, collided on Interstate Highway 65 just south of Louisville, Kentucky. At the time of the accident, AFI was insured by a liability insurance policy issued by Protective Insurance Company. However, the policy contained...

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