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STEWART v. ELCO ADMINISTRATIVE SERVICES

No. 2009-CA-000828-MR.

313 S.W.3d 117 (2010)

Ronald STEWART, Jr., Appellant, v. ELCO ADMINISTRATIVE SERVICES, INC. and Enterprise Rent-A-Car, Appellee.

Court of Appeals of Kentucky.

May 14, 2010.

Attorney(s) appearing for the Case

Timothy R. McCarthy, Louisville, KY, for appellant.

Jay Langenbahn, Cincinnati, OH, for appellee.

Before DIXON and NICKELL, Judges; KNOPF, Senior Judge.

OPINION

DIXON, Judge:

Appellant, Ronald Stewart, Jr., appeals from an order of the Jefferson Circuit Court granting summary judgment in favor of Appellees, ELCO Administrative Services and Enterprise Rent-A-Car. The trial court ruled that Stewart "constructively waived" his right to basic reparations benefits despite the fact he was injured while riding as a passenger in a secured automobile. For the reasons set forth herein, we reverse and remand...

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