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PENNINGTON v. JENKINS-ESSEX CONST., INC.

No. 2005-CA-001652-MR.

238 S.W.3d 660 (2006)

Michael PENNINGTON, Appellant, v. JENKINS-ESSEX CONSTRUCTION, INC., Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court December 12, 2007.

Attorney(s) appearing for the Case

Kenneth L. Sales, Louisville, KY, for appellant.

Mark A. Osbourn, Louisville, KY, for appellee.

Before COMBS, Chief Judge; BUCKINGHAM, Senior Judge; MILLER, Special Judge.

OPINION

BUCKINGHAM, Senior Judge.

Michael Pennington appeals from a summary judgment of the Hardin Circuit Court in favor of Jenkins-Essex Construction, Inc., on his negligence claim arising out of injuries he suffered in a fall at the MeadWestVaco plant in Elizabethtown, Kentucky. The issue is whether Jenkins-Essex has an up-the-ladder immunity defense from tort liability based on the exclusivity provision in the Kentucky Workers' Compensation Act...

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