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PRATER v. CASTLE

No. 2002-CA-000279-MR.

139 S.W.3d 921 (2003)

Floyd PRATER, Appellant, v. Deloris CASTLE, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied August 18, 2003.

Attorney(s) appearing for the Case

John C. Collins, Salyersville, KY, for Appellant.

Thomas W. Lavender, Ashland, KY, for Appellee.

Before GUIDUGLI and JOHNSON, Judges, and HUDDLESTON, Senior Judge.

JOHNSON, Judge.

Floyd Prater has appealed from an order of the Johnson Circuit Court which dismissed his negligence action against the appellee, Deloris Castle. The trial court interpreted CR2 8.01(2) as applied by Fratzke v. Murphy,3 to require dismissal of the action because Prater had failed to seasonably answer interrogatories concerning the amount of...

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