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LAMBERT v. FRANKLIN REAL ESTATE CO.

Nos. 1998-CA-000276-MR, 1998-CA-000281-MR, 1998-CA-000440-MR and 1998-CA-002733-MR.

37 S.W.3d 770 (2000)

Helen LAMBERT, Administratrix of the Estate of Donald Lambert, Deceased, Appellant, v. FRANKLIN REAL ESTATE COMPANY; American Electric Power Company, Inc.; American Electric Power Service Corporation; and Vanceburg Utilities Commission, Appellees. Carl Marshall and Ann Marshall, Individually, and as Next Friend of Jonna Lee Marshall, Carl Edward Marshall, III, and Todd Andrew Marshall, Appellants, v. Franklin Real Estate Company; American Electric Power Company, Inc.; American Electric Power Service Corporation; and Vanceburg Utilities Commission, Appellees. Franklin Real Estate Company; American Electric Power Service Corporation; and American Electric Power Company, Inc., Cross-Appellants, v. Carl Marshall and Ann Marshall, in Their Capacity as Next Friends of Jonna Lee Marshall, a Minor; Carl Edward Marshall, III, a Minor; and Todd Andrew Marshall, a Minor, Cross-Appellees. Vanceburg Utilities Commission, Cross-Appellant, v. Carl Marshall and Ann Marshall, in Their Capacity as Next Friends of Jonna Lee Marshall, a Minor; Carl Edward Marshall, III, a Minor; and Todd Andrew Marshall, a Minor, Cross-Appellees.

Court of Appeals of Kentucky.

Rehearing Denied April 21, 2000.

Review Denied March 14, 2001.

Attorney(s) appearing for the Case

Luke Bentley, III, Greenup, for Appellants in 1998-CA-000276-MR.

William P. Emrick, Ashland, for Appellants in 1998-CA-000281-MR.

James D. Ishmael, Jr., Lexington, for Vanceburg Utilities Commission.

Wendell S. Roberts, Donald R. Yates, II, Ashland, for Franklin Real Estate Co.; American Electric Power Service Corp.; and American Electric Power Co., Inc.

Before: BUCKINGHAM, HUDDLESTON, and SCHRODER, Judges.

OPINION

SCHRODER, Judge:

This is a case in which American Electric Power Company, Inc., American Electric Power Service Corporation, Franklin Real Estate Company1 and Vanceburg Utilities Commission are accused of being negligent in causing an accident that killed two men and severely injured another. Prior to the close of the appellants' case, the trial court granted a directed...

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