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MOORE v. ENVIRONMENTAL CONST. CORP.

No. 2001-SC-0227-DG.

147 S.W.3d 13 (2004)

John G. MOORE, Sr. and Sharon Moore, Personal Representatives of the Estate of John G. Moore, Jr., Appellants, v. ENVIRONMENTAL CONSTRUCTION CORPORATION, Appellee.

Supreme Court of Kentucky.

Rehearing Denied November 18, 2004.

Attorney(s) appearing for the Case

W. Douglas Myers, Deatherage, Myers & Haggard, Hopkinsville, Counsel for Appellants, John G. Moore, Sr. and Sharon Moore, Personal Representatives of the Estate of John G. Moore, Jr.

Gregory N. Schabell, Busald, Funk & Zevely, PSC, Florence, Counsel for Amicus Curiae, the Kentucky Academy of Trial Attorneys.

Joe A. Evans, III and Richard L. Frymire, Jr., Frymire, Evans, Peyton, Teague & Cartwright, Madisonville, Counsel for Appellee.

KELLER, Justice.

I. INTRODUCTION

Appellants, John G. Moore, Sr. and Sharon Moore, Personal Representatives of the Estate of John G. Moore, Jr. appeal from an opinion of the Court of Appeals that affirmed the Order Granting Judgment Notwithstanding the Verdict ("JNOV") entered by the trial court.

On September 30, 1999, a Hopkins County jury determined that Appellee, Environmental Construction Corporation ("Environmental") had caused the death of John...

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