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GRAFTON v. SHIELDS MINI MARKETS, INC.

No. 2009-CA-001862-MR.

346 S.W.3d 306 (2011)

Michael J. GRAFTON and Werner Enterprises, Inc., Appellants, v. SHIELDS MINI MARKETS, INC., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 28, 2011.

Discretionary Review Denied by Supreme Court September 15, 2011.

Attorney(s) appearing for the Case

Gene F. Zipperle, Jr. , Louisville, KY, for appellant.

John S. Kelley, Jr. , Bardstown, KY, for appellee.

Before CAPERTON and WINE, Judges; LAMBERT, Senior Judge.

OPINION

LAMBERT, Senior Judge:

Michael J. Grafton and Werner Enterprises, Inc. (Appellants) appeal from the Nelson Circuit Court's entry of summary judgment in favor of Shields Mini Markets, Inc. (Appellee) as to Appellee's property-damage claim against Appellants. At issue is whether a non-fraudulent property-damage settlement between a mortgagor of real property and a third-party tortfeasor bars a mortgagee from recovering damages in a subsequent...

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