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PAPA JOHN'S INTERN., INC. v. McCOY

No. 2005-SC-000614-DG.

244 S.W.3d 44 (2008)

PAPA JOHN'S INTERNATIONAL, INC. and RWT, Inc., d/b/a Papa John's Pizza, Appellants v. Gary McCOY, Appellee.

Supreme Court of Kentucky.

January 24, 2008.

Attorney(s) appearing for the Case

Janet P. Jakubowicz, Brent R. Baughman, Jesse Allen Mudd, Greenebaum Doll & McDonald, PLLC, Louisville, KY, Counsel for Appellant Papa John's International, Inc.

Pamela T. May, Erich E. Blackburn, Pam May Law Firm, P.S.C., Pikeville, KY, Counsel for Appellant RWT, Inc., d/b/a Papa John's Pizza.

C. Thomas Hectus, Randall S. Strause, Hectus & Strause, PLLC, Louisville, KY, Counsel for Appellee.

J. Kent Wicker, Reed Wicker, PLLC, Louisville, KY, David J. Kaufmann, Daniel Gildin, Kevin M. Shelley, Kaufmann, Feiner, Yamin, Gildin & Robbins, LLP, New York, NY, Counsel for Amicus Curiae International Franchise Association.

Barbara B. Edelman, Alexander J. Moeser, Dinsmore & Shohl, LLP, Lexington, KY, Counsel for Amicus Curiae Kentucky Chamber of Commerce.

Opinion of the Court by Justice MINTON.

I. INTRODUCTION.

This is a case involving the issue of franchisor vicarious liability, an issue of first impression in Kentucky. It arises in the context of a malicious prosecution and defamation lawsuit filed by a customer as a result of a Papa John's pizza delivery gone wrong.

The customer originally sued the delivery driver and Papa John's International...

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