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BURTON v. FARM BUREAU INS. CO.

No. 2001-SC-0573-DG.

116 S.W.3d 475 (2003)

Delbert BURTON, Appellant, v. FARM BUREAU INSURANCE COMPANY; and United States Fire Insurance Company, Appellees.

Supreme Court of Kentucky.

Rehearing Denied October 23, 2003.

Attorney(s) appearing for the Case

Michael R. Dowling, Ashland, Garis L. Pruitt, Catlettsburg, Counsel for Appellant.

Ralph T. McDermott, Ashland, Counsel for Appellee Farm Bureau Insurance Company.

Patrick M. Hedrick, Ashland, Counsel for Appellee United States Fire Insurance Company.

E. Andre Busald, William J. Kathman, Jr., Joseph A. McGee, Busald, Funk, Zevely, PSC, Florence, Counsel for Amicus Curiae Kentucky Academy of Trial Attorneys.

Opinion of the Court by Justice COOPER.

Appellant Delbert Burton was injured when he drove his employer's Mack semi-trailer truck off of a public highway and into a ditch. He claims he did so while taking evasive action to avoid striking an unidentified red automobile that had crossed the center line of the highway and was approaching him from the opposite direction in his lane of travel. No physical contact occurred between the truck and the red automobile. The automobile...

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