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DAVIS v. HENSLEY

No. 2007-SC-000066-DG.

256 S.W.3d 16 (2008)

Richard T. DAVIS; S.R. Halloran; Larry Trenkamp; Samuel H. Beverage; Paul S. Graham; Greg Kreutzans; and Andy Durban, Appellants v. Peggy HENSLEY, Co-Administratrix of the Richard Schwartz Estate; and Michelle Swartz, Co-Administratrix of the Richard Swartz Estate, Appellees.

Supreme Court of Kentucky.

June 19, 2008.

Attorney(s) appearing for the Case

Jeffrey C. Shipp, Kohnen & Patton, LLP, Ft. Mitchell, KY, Colleen Marie Blandford, Kohnen & Patton, LLP, Cincinnati OH, for appellant, Richard T. Davis, S.R. Halloran, Larry Trenkamp, Samuel H. Beverage, Paul S. Graham, Greg Kreutzans, and Andy Durban.

Richard H. Deters, Owen W. Serey, Covington, KY, for appellants, S.R. Halloran, Larry Trenkamp, Samuel H. Beverage, Paul S. Graham, Greg Kreutzans, and Andy Durban.

David Allen Barber, Prestonsburg, Paula Gay Richardson, Hughes & Williamson, P.S.C., Owingsville, KY, for appellees, Peggy Hensley(Co-Administratrix of the Richard Swartz Estate) and Michelle Swartz (Co-Administratrix of the Richard Swartz Estate).

Opinion of the Court by Special Justice JAMES D. HARRIS, JR.

The appellants are employees of the Kentucky Transportation Cabinet. The issue asserted is that they are entitled to "exclusive remedy" immunity from liability for the death of Richard Schwartz because the Cabinet would have been liable for workers' compensation benefits had his direct employer not paid them. Although the Boone Circuit Court granted summary judgment in their favor, the Court of Appeals reversed...

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