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McCARTY v. COVOL FUELS NO. 2, LLC

2014-SC-000589-CL.

476 S.W.3d 224 (2015)

In re: Nancy J. McCARTY; Nancy J. McCarty, as Personal Representative of the Estate of David W. McCarty, Deceased; and Liberty Mutual Agency Markets v. COVOL FUELS NO. 2, LLC (A Utah Corporation).

Supreme Court of Kentucky.

Rendered: October 29, 2015.

Attorney(s) appearing for the Case

COUNSEL FOR NANCY J. McCARTY AND NANCY J. McCARTY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAVID W. McCARTY, DECEASED: Travis Leon Holtrey , Foreman Watson Holtrey, LLP, Lane C. Siesky , Siesky Viche, PC.

COUNSEL FOR LIBERTY MUTUAL AGENCY MARKETS: Mark Wayne Howard , Jones Howard Law PLLC.

COUNSEL FOR COVOL FUELS NO. 2, LLC, A UTAH CORPORATION: Robert E. Stopher , Robert Dmitri Bobrow , Boehl, Stopher & Graves, LLP.

COUNSEL FOR AMICUS CURIAE KENTUCKY JUSTICE ASSOCIATION: Paul A. Casi, II , Jeffrey Wayne Adamson , Paul A. Casi, II, P.S.C., Kevin Crosby Burke.

The United States Court of Appeals for the Sixth Circuit certified to this Court pursuant to CR 76.37(1) a question of Kentucky law. The certified question is:

Whether a subcontractor injured while installing a garage door on an unfinished building at a mine site may maintain a wrongful death...

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