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GIBSON v. FUEL TRANSPORT, INC.

Nos. 2010-SC-000072-DG, 2010-SC-000682-DG.

410 S.W.3d 56 (2013)

Garnett GIBSON (as Executor and Personal Representative of the Estate of Topsie Gibson), Appellant/Cross-Appellee v. FUEL TRANSPORT, INC., Appellee/Cross-Appellant. and Fuel Transport, Inc., Appellant/Cross-Appellee v. Garnett Gibson (as Executor and Personal Representative of the Estate of Topsie Gibson), Appellee/Cross-Appellant.

Supreme Court of Kentucky.

Rehearing Denied October 24, 2013.

Attorney(s) appearing for the Case

Adam Peter Collins , Nathaniel Leslie Collins , Campbell, Collins & Collins, PSC, Hindman, KY, for Appellant/Cross-Appellee.

Ronald L. Green , Green & Chestnut, PLLC, Carl William Walter , Boehl, Stopher & Graves, LLP, Lexington, Deborah H. Patterson , Virginia Hamilton Snell , Sara Christine Veeneman , Wyatt, Tarrant & Combs, LLP, Louisville, KY, for Appellee/Cross-Appellant.

Opinion of the Court by Justice CUNNINGHAM.

On the night of November 2, 2004, a tractor trailer loaded with coal overturned while attempting to negotiate a curve on Highway 80 near the Knott-Floyd County line. The truck was owned by Fuel Transport, Inc. (hereinafter "Fuel Transport") and driven by its employee, Troy Vanderpool.

At the time of the accident, Roger Russell was driving a pickup truck coming from the opposite direction on Highway 80. Seventy-eight...

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