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LACH v. MAN O'WAR, LLC

No. 2005-SC-001014-DG.

256 S.W.3d 563 (2008)

Shirley McVay LACH Individually and on Behalf of Man O'War Limited Partnership, a Kentucky Limited Partnership, Appellant, v. MAN O'WAR, LLC, Formerly Man of War Management, LLC (A Kentucky Limited Liability Company), et al, Appellees.

Supreme Court of Kentucky.

As Corrected March 31, 2008.

Rehearing Denied June 19, 2008.

Attorney(s) appearing for the Case

Glen S. Bagby, J. Robert Lyons, Jr., Woodward Hobson & Fulton LLP, Lexington, KY, Elizabeth U. Mendel, Woodward Hobson & Fulton LLP, Louisville, KY, Counsel for Appellants.

Phillip D. Scott, Theodore R. Martin, Greenebaum, Doll & McDonald, PLLC, Lexington, KY, Counsel for Appellees.

Robert S. Ryan, Fowler, Measle & Bell, PLLC, Lexington, KY, Counsel for Appellee, Stefanie Wiseman, Executrix of the Estate of Isaac Lynwood Wiseman, Deceased.

Carroll M. Redford III, Miller, Griffin & Marks, PSC, Lexington, KY, Counsel for Appellee, Penny M. Miller, Executrix of the Will of Robert S. Miller, Deceased.

Opinion of the Court by Justice SCOTT.

We granted discretionary review of an opinion of the Court of Appeals affirming the Fayette Circuit Court's grant of summary judgment against the Appellant, Shirley Lach (Lach). We now reverse and remand the matter to the trial court for further proceedings consistent with this opinion.

Facts

In 1986, Lach and her then husband, Lynwood Wiseman (Wiseman),1 entered into a joint venture...

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