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BATTS v. ILLINOIS CENT. R. CO.

No. 2005-CA-001594-MR.

217 S.W.3d 881 (2007)

Charles L. BATTS and his Personal Representative, Dale P. Batts, Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellee.

Court of Appeals of Kentucky.

March 2, 2007.

Attorney(s) appearing for the Case

James W. Owens, James W. Owens, Chartered, Paducah, KY, for appellant.

L. Miller Grumley, Bradley & Freed, P.S.C., Paducah, KY, Thomas R. Peters, Mark R. Kurz, Gundlach, Lee, Eggmann, Boyle & Roessler LLC, Belleville, IL, for appellee.

Before ABRAMSON and DIXON, Judges; HOWARD, Special Judge.

OPINION

ABRAMSON, Judge.

Appellant Dale P. Batts, personal representative of Charles L. Batts, appeals from an order of the McCracken Circuit Court entered on June 29, 2005, overruling Dale's motion to vacate that court's June 2, 2005 judgment dismissing Charles's personal injury action against the Illinois Central Railroad Company (ICRR). Because we do not agree with the circuit court's conclusion that Dale failed to comply with the requirements...

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