LOW v. POWER TOOL SPECIALIST, INC.

Civil Action No. 09-72-ART.

803 F.Supp.2d 655 (2011)

Robert John LOW, et al., Plaintiffs, v. POWER TOOL SPECIALIST, INC., et al., Defendants.

United States District Court, E.D. Kentucky, Southern Division, London.

March 22, 2011.


Attorney(s) appearing for the Case

Brien G. Freeman , Brien G. Freeman , Freeman & Childers, Corbin, KY, for Plaintiffs.

Robert Estes Stopher , Boehl, Stopher & Graves, Louisville, KY, Shea W. Conley , Reminger & Reminger Co., LPA, Lexington, KY, for Defendants.


MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

Like ships passing in the night, two Kentucky Supreme Court decisions have, without acknowledgment, taken competing positions on the viability of KRS § 411.320, which insulates manufacturers from liability where their products are altered. When confronted squarely with the question whether Kentucky's comparative fault statute supersedes § 411.320, the Kentucky state courts have...

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