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FALK v. ALLIANCE COAL, LLC

2013-SC-000655-DG.

461 S.W.3d 760 (2015)

Cassandra FALK, Individually and as Administratrix of the Estate of James Jeffrey Falk; James Blake Falk and Lauryn Emily Falk, By and Through Their Next Friend, Mother, and Custodian Cassandra Falk; Sandy Travis, Individually and as Administratrix of the Estate of Justin Travis; Melissa Carter, Individually and as Administratrix of the Estate of Michael W. Carter; and Hayden Carter, By and Through His Next Friend, Mother, and Custodian Melissa Carter, Appellants v. ALLIANCE COAL, LLC, Appellee.

Supreme Court of Kentucky.

RENDERED: JUNE 11, 2015.

Attorney(s) appearing for the Case

Counsel for Appellants: Roger Newman Braden , Edgewood, Braden Humfleet & Devine, PLC, John C. Whitfield , Whitfield Bryson & Mason LLP, Madisonville.

Counsel for Appellee: Philip Douglas Barr , Dana Rashay Howard , Stoll Keenon Ogden PLLC, Lexington.

Counsel for Amicus Curiae Arch Coal, Inc.: Grahmn New Morgan , David James Treacy , Timothy Reed Wiseman , Dinsmore & Shohl LLP, Lexington.

This appeal arises from two summary judgments in favor of Alliance Coal, LLC (Alliance). The Court of Appeals affirmed those judgments, and we granted discretionary review. For the reasons set forth below, we affirm.

I. BACKGROUND.

The underlying facts necessary for resolution of this appeal...

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