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GILBERT v. MURRAY PAVING CO., INC.

No. 2002-CA-000160-MR.

147 S.W.3d 736 (2003)

Clarence GILBERT; Ozella Gilbert, His Wife; and Arkansas Best Corporation, Appellants, v. MURRAY PAVING CO., INC., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied January 30, 2004.

Discretionary Review Denied by Supreme Court November 10, 2004.

Attorney(s) appearing for the Case

Charles E. Moore, Travis L. Holtrey, Owensboro, KY, for appellants.

Van F. Sims, Paducah, KY, for appellee.

Before DYCHE, JOHNSON and SCHRODER, Judges.

OPINION

JOHNSON, JUDGE.

Clarence Gilbert and his wife, Ozella Gilbert, have appealed from an order entered by the Calloway Circuit Court on December 21, 2001, which granted Murray Paving Co., Inc.'s motion for summary judgment. Having concluded that the trial court erred in determining that there was no genuine issue as to any material fact and that Murray Paving was entitled to judgment as a matter of law, we reverse and remand.

Pursuant...

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