BAKER v. McINTOSH

No. 2003-CA-001361-MR.

132 S.W.3d 230 (2004)

Loyd BAKER, Appellant, v. Larry Joe McINTOSH, Appellee.

Court of Appeals of Kentucky.

April 2, 2004.


Attorney(s) appearing for the Case

Samuel B. Castle, Jr., Guy E. Millward, Jr., Millward & Castle, PLLC, Barbourville, KY, for appellant.

Robert R. Baker, Rankin & Baker, Stanford, KY, for appellee.

Before BARBER, KNOPF, and SCHRODER, Judges.


OPINION

KNOPF, Judge.

Loyd Baker appeals from a summary judgment of the Rockcastle Circuit Court, entered January 13, 2003, dismissing his negligence-based claim for damages against Larry McIntosh. The trial court ruled that under the alleged circumstances McIntosh could not be found to have breached his duty of care to Baker. Baker contends that the question should be put to a jury. We agree with the trial court.

As the parties note, summary...

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