Kentucky Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of Kentucky or Court of Appeals of Kentucky where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Brown v. Goncher - 11/23/2005
NOT TO BE PUBLISHED OPINION AFFIRMING BEFORE: GUIDUGLI, KNOPF, AND McANULTY, JUDGES. Marshall Brown appeals from a July 13, 2004, judgment of the Hardin Circuit Court confirming a jury verdict that denied his...

Moyers v. Roman Catholic Bishop of Louisville - 11/23/2005
AFFIRMING BEFORE: GUIDUGLI AND MINTON, JUDGES; ROSENBLUM, SENIOR JUDGE. In this church abuse case, Charlene Moyers has appealed from the Jefferson Circuit Court's September 2, 2004, order dismissing her claim as barred by...

United Structural Systems - 11/23/2005
VACATING AND REMANDING BEFORE: COMBS, CHIEF JUDGE; McANULTY, JUDGE; PAISLEY, SENIOR JUDGE. United Structural Systems, Ltd. (United Structural) appeals from a summary judgment of the Fayette Circuit Court that awarded the...

Wilson v. Thyssenkrupp Budd Co. - 11/23/2005
REVERSING AND REMANDING BEFORE: GUIDUGLI, KNOPF, AND McANULTY, JUDGES. Jerry L. Wilson appeals from a June 24, 2005, opinion and order by the Workers' Compensation Board (Board) affirming a February 11, 2005, order by the...

Croley v. Kentucky Bar Association - 11/23/2005
TO BE PUBLISHED OPINION AND ORDER Russell L. Croley, KBA Member No. 15853, whose last bar roster address is Oak Tree Plaza, Suite 1 A, 1601 W. Everly Brothers Blvd, Central City, KY 42330, was admitted to the practice of...

Wal-Mart v. Peters - 11/23/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...

Commonwealth v. Stacey - 11/23/2005
REVERSING In August 1999, Roy Stacey pled guilty in the Nelson Circuit Court to five counts of third-degree rape, five counts of third-degree sodomy, and to being a first-degree persistent felony offender. Pursuant to a plea...

Previs v. Dailey - 11/23/2005
REVERSING AND REMANDING On May 29, 1999, Appellant, Nollaig Previs, was riding her bicycle on the right-hand side of Escondida Road in Bourbon County, when she was approached from behind by a vehicle driven by Appellee, Pete...

Brozowski v. Johnson - 11/18/2005
AFFIRMING BEFORE: HENRY AND VANMETER, JUDGES; MILLER, SENIOR JUDGE. Robert and Sharon Brozowski appeal from the McCracken Circuit Court's order denying their motion to vacate the dismissal of their complaint and to...

Brooklawn Youth Services v. Haneberg - 11/18/2005
AFFIRMING BEFORE: BARBER, MINTON, AND TAYLOR, JUDGES. Appellee, Melissa Haneberg (Haneberg), began working for Appellant, Brooklawn Youth Services (Brooklawn), in July 1999 as a residential counselor for boys, ages eight...

Pools v. Meadows - 11/18/2005
AFFIRMING BEFORE: MINTON, SCHRODER, AND TAYLOR, JUDGES. Dolphin Pools petitions this Court to review a decision of the Workers' Compensation Board entered March 25, 2005. We affirm. Mark Meadows was employed by...

Hyatt Corp. of Delaware v. Young and Associates - 11/10/2005
AFFIRMING BEFORE: MINTON, SCHRODER, AND TAYLOR, JUDGES. I. INTRODUCTION Hyatt Corporation of Delaware, d/b/a Hyatt Regency Lexington (Hyatt), appeals from a summary judgment entered in favor of Young and Associates,...

Toche v. American Watercraft Association - 11/4/2005
AFFIRMING BEFORE: MINTON AND SCHRODER, JUDGES; EMBERTON, SENIOR JUDGE. This appeal concerns the statute of limitations for injuries suffered in a personal watercraft accident. Having concluded that the trial court...

Jekel v. Javier Steel Corp. - 11/4/2005
AFFIRMING BEFORE: GUIDUGLI AND MINTON, JUDGES; EMBERTON, SENIOR JUDGE. The issues in this appeal from a decision of the Workers' Compensation Board center on the compensability of certain medical treatment; duration of...

Azerot v. Roman Catholic Bishop of Louisville - 11/4/2005
AFFIRMING BEFORE: GUIDUGLI AND MINTON, JUDGES; EMBERTON, SENIOR JUDGE. Andre Azerot appeals the summary dismissal of his claims against the appellee ("Archdiocese") stemming from allegations of sexual abuse inflicted by a...

Yazell v. Foremost Insurance Co. - 11/4/2005
AFFIRMING BEFORE: DYCHE AND GUIDUGLI, JUDGES; PAISLEY, SENIOR JUDGE. This is an appeal from certain orders of the Grant Circuit Court. Jeff and Tracy Yazell had filed suit against Foremost Insurance Company, claiming...

Baker v. Campbell County Board of Education - 10/28/2005
AFFIRMING BEFORE: MINTON, SCHRODER, AND TAYLOR, JUDGES. Homer Baker appeals the order of the Campbell Circuit Court granting the Campbell County Board of Education's motion to dismiss. Baker's suit was based upon his...

Midwestern Insurance Alliance v. Watson - 10/21/2005
VACATING AND REMANDING BEFORE: DYCHE AND SCHRODER, JUDGES; ROSENBLUM, SENIOR JUDGE. An employee injured in an automobile accident in the course of her employment recovered both a personal injury settlement and a workers'...

Sandoz Pharmaceuticals Corp. v. Gunderson - 10/21/2005
AFFIRMING IN PART, VACATING IN PART, AND REMANDING BEFORE: KNOPF AND TACKETT, JUDGES; ROSENBLUM, SENIOR JUDGE. On September 28, 1993, Mary Margaret Gunderson gave birth by Caesarean section to her and her husband's,...

Spade Corp. v. Deleon - 10/21/2005
AFFIRMING BEFORE: GUIDUGLI AND HENRY, JUDGES; POTTER, SENIOR JUDGE. Spade Corporation appeals from an opinion of the Workers' Compensation Board affirming a decision of the Administrative Law Judge awarding Secundino...

Adams v. Coastal Coal Co. - 10/20/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...

Brasch-Barry General Contractors v. Jones - 10/20/2005
TO BE PUBLISHED Reversing and Remanding Appellant, Brasch-Barry General Contractors, appeals from an order of the Court of Appeals which reverses a decision of the Workers' Compensation Board ("the Board"). The Court of...

Smith v. Dollar General Stores - 10/7/2005
REVERSING AND REMANDING BEFORE: GUIDUGLI AND TAYLOR, JUDGES; HUDDLESTON, SENIOR JUDGE. Mabel Rose Smith brings this appeal from a November 10, 2003, order of the Casey Circuit Court dismissing her negligence claim against...

Smith v. Lexington Fayette Urban County Government - 9/30/2005
AFFIRMING BEFORE: HENRY, TACKETT, AND VANMETER, JUDGES. Robert Smith (Smith) appeals from an opinion and order of the Workers' Compensation Board (Board) denying him disability benefits based on a finding that he failed...

Young v. Young - 9/30/2005
NOT TO BE PUBLISHED OPINION AFFIRMING IN PART AND REMANDING IN PART BEFORE: DYCHE AND SCHRODER, JUDGES; ROSENBLUM, SENIOR JUDGE. Dena R. Young appeals from the Findings of Fact, Conclusions of Law, and Decree of...

Butler's Fleet Service v. Martin - 9/23/2005
REVERSING AND REMANDING BEFORE: DYCHE, SCHRODER, AND VANMETER, JUDGES. Butler's Fleet Service (Butler's Fleet) petitions for the review of an opinion of the Workers' Compensation Board (Board) reversing the decision of an...

Adams v. NHC Healthcare - 9/23/2005
AFFIRMING ON THE PETITION FOR REVIEW AND REVERSING ON THE CROSS-PETITION FOR REVIEW BEFORE: BUCKINGHAM AND JOHNSON, JUDGES; EMBERTON, SENIOR JUDGE. Arnold Adams has petitioned for review from an opinion of the Workers'...

Miracle v. Kentucky Farm Bureau Mutual Insurance Co. - 9/23/2005
AFFIRMING BEFORE: KNOPF AND TACKETT, JUDGES; ROSENBLUM, SENIOR JUDGE. The Miracles appeal from a declaratory judgment by the Bullitt Circuit Court finding that Kentucky Farm Bureau Mutual Insurance Company has no...

Kentucky Bar Association v. Wade - 9/22/2005
TO BE PUBLISHED OPINION AND ORDER Respondent, Jeffrey Lee Wade, whose last known bar roster address was 730 West Main Street, Louisville, Kentucky, was admitted to the practice of law in the Commonwealth of Kentucky on...

Kentucky Farm Bureau Mutual Insurance Co. v. Rodgers - 9/22/2005
TO BE PUBLISHED OPINION OF THE COURT REVERSING AND REMANDING Tina Rodgers (now Johnson) brought this action in the Lincoln Circuit Court against Kentucky Farm Bureau Mutual Insurance Company ("Farm Bureau") alleging...

Williams v. White Castle Systems - 9/22/2005
TO BE PUBLISHED OPINION OF THE COURT AFFIRMING An Administrative Law Judge (ALJ) determined that an injured worker's death was due to multiple drug toxicity and was not causally related to his work. The Workers'...

Plastic Products Co. - 9/22/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...

Aetna Casualty & Surety Co. v. Commonwealth - 9/22/2005
TO BE PUBLISHED AFFIRMING IN PART AND REVERSING IN PART This appeal is from the judgment of the Court of Appeals, affirming the decision of the Jefferson Circuit Court, except on the jury instruction issue of fortuity. The...

Hon v. United Parcel Service - 9/16/2005
AFFIRMING BEFORE: COMBS, CHIEF JUDGE; BUCKINGHAM AND KNOPF, JUDGES. Michael Hon petitions for review of an opinion by the Workers' Compensation Board affirming an opinion and order by an administrative law judge (ALJ)...

Clark v. City of Frankfort - 9/16/2005
AFFIRMING BEFORE: GUIDUGLI, McANULTY, AND MINTON, JUDGES. Lois Clark (Appellant) and Fred Clark appeal the order of the Franklin Circuit Court dismissing the claim of Fred Clark and denying Appellant's motion pursuant to...

Hayes v. Hayes - 9/9/2005
AFFIRMING IN PART, AND REVERSING AND REMANDING IN PART BEFORE: BUCKINGHAM, SCHRODER, AND VANMETER, JUDGES. This is an appeal from a judgment entered by the Bell Circuit Court in a marital dissolution proceeding. Appellant...

Thomas v. Yost Legal Group - 9/9/2005
AFFIRMING BEFORE: KNOPF AND TACKETT, JUDGES; ROSENBLUM, SENIOR JUDGE. This is a legal malpractice action filed by the Appellant, Sybil Thomas, in which the circuit court granted summary judgment in favor of the Appellees,...

Thomas v. Motley - 9/9/2005
AFFIRMING BEFORE: DYCHE, HENRY, AND TACKETT, JUDGES. Walter L. Thomas appeals from an order of the Morgan Circuit Court entered on January 14, 2004, which dismissed his petition for declaration of rights challenging two...

Doe v. Golden & Walters - 9/9/2005
REVERSING AND REMANDING WITH DIRECTION BEFORE: HENRY AND MINTON, JUDGES; HUDDLESTON, SENIOR JUDGE. I. INTRODUCTION This case arises out of a series of federal class actions filed in the United States District Court...

Cummins v. SDS Services - 9/9/2005
AFFIRMING BEFORE: DYCHE AND GUIDUGLI, JUDGES; PAISLEY, SENIOR JUDGE. James Alan Cummins and Deborah Cummins appeal from an opinion and order of the Franklin Circuit Court granting summary judgment in favor of SDS...

Parrigin v. Commonwealth - 9/2/2005
AFFIRMING BEFORE: COMBS, CHIEF JUDGE; HENRY AND TACKETT, JUDGE. Harold Parrigin appeals from a judgment of the Clinton Circuit Court convicting him of flagrant nonsupport and sentencing him to four years' imprisonment. He...

Manalapan Mining Co. - 9/2/2005
AFFIRMING BEFORE: COMBS, CHIEF JUDGE; JOHNSON AND McANULTY, JUDGES. Manalapan Mining Co, Inc. (Manalapan) petitions for review of an opinion of the Workers' Compensation Board (Board) affirming a decision by the Chief...

Vannoy v. Milun - 8/26/2005
AFFIRMING BEFORE: BUCKINGHAM, JOHNSON, AND MINTON, JUDGES. Sidney Vannoy appeals from a summary judgment entered by the Hopkins Circuit Court dismissing his medical malpractice complaint against Dr. Joseph A. Milum and...

Kentucky Kingdom Amusement Co. v. Belo Kentucky - 8/25/2005
REVERSING This appeal and cross-appeal are from an opinion of the Court of Appeals that reversed a judgment based on a jury verdict in a defamation action brought by Kentucky Kingdom against WHAS-TV. The jury originally...

Baptist Healthcare Systems - 8/25/2005
TO BE PUBLISHED AFFIRMING Appellant, Baptist Healthcare, Inc., d/b/a Central Baptist Hospital appeals from the Kentucky Court of Appeals opinion affirming the judgment of the Fayette Circuit Court awarding Appellee, Golda...

Harris v. Disposal - 8/25/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...

Grand Aerie Fraternal Order of Eagles v. Carneyhan - 8/25/2005
REVERSING Appellant, Grand Aerie Fraternal Order of Eagles ("the Grand Aerie"), is a national fraternal organization, with local chapters chartered throughout the United States and Canada. One such chapter, Canton Aerie 4313,...

Krahwinkel v. Commonwealth Aluminum Corp. - 8/25/2005
TO BE PUBLISHED AFFIRMING IN PART AND REVERSING IN PART Appellee, Commonwealth Aluminum Corporation ("Commonwealth") contracted with Intech-Industrial Technology, Inc. ("Intech") for the purchase and installation of a new...

Kleen v. Maraman - 8/25/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...

Gomillia v. Baesel & Asher Enterprises - 8/25/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...

Allwood Manufacturing - 8/25/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...

Langley v. Grise - 8/25/2005
THIS OPINION IS DESICNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULOATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITYIN ANY...

Hall v. Hall - 8/19/2005
AFFIRMING IN PART, VACATING IN PART, AND REMANDING BEFORE: MINTON AND SCHRODER, JUDGES; EMBERTON, SENIOR JUDGE. Rosella Hall raises a host of issues on appeal from the decree that dissolved her marriage to Bobby Jack...

Hutchins v. Summa Technology/Ken-Mar - 8/19/2005
AFFIRMING AND REMANDING BEFORE: COMBS, CHIEF JUDGE; BUCKINGHAM AND KNOPF, JUDGES. Joseph K. Hutchins appeals from an opinion and order by the Workers' Compensation Board (Board) which vacated an interlocutory order by the...

Carnes v. Parton Brothers Contracting - 8/19/2005
REVERSING AND REMANDING BEFORE: BARBER AND JOHNSON, JUDGES; HUDDLESTON, SENIOR JUDGE. Doyle Carnes, Jr. has petitioned for review from an opinion of the Workers' Compensation Board entered on October 8, 2004, which...

Lawrence v. Grange Mutual Casualty Co. - 7/29/2005
AFFIRMING BEFORE: GUIDUGLI AND MINTON, JUDGES; EMBERTON, SENIOR JUDGE. This is an appeal from a judgment denying appellants' request for a declaration that a commercial general liability policy issued by appellee, Grange...

Daniels v. B.R. & D. Enterprises - 7/29/2005
AFFIRMING BEFORE: BARBER, KNOPF, AND SCHRODER, JUDGES. Randall Daniels petitions for review of an opinion of the Workers' Compensation Board which affirmed a decision of the Administrative Law Judge finding that Daniels'...

Branon v. General Electric Co. - 7/29/2005
REVERSING AND REMANDING BEFORE: BUCKINGHAM AND JOHNSON JUDGES; EMBERTON, SENIOR JUDGE. Cynthia Cash Branon, executrix of the estate of William Cash, appeals from separate orders of the McCracken Circuit Court awarding...

Southard v. Shumate - 7/8/2005
AFFIRMING BEFORE: COMBS, CHIEF JUDGE; BUCKINGHAM AND KNOPF, JUDGES. Tommy Southard appeals from an order of the Hardin Circuit Court denying his petition for a writ prohibiting the enforcement of a Hardin District Court...

Watts v. Appalachian Regional Healthcare - 7/1/2005
AFFIRMING BEFORE: DYCHE, HENRY AND TACKETT, JUDGES. Appellants Leona Watts (Leona) and Bobby Watts (Bobby) bring this appeal from an order of the Perry Circuit Court, entered April 23, 2004, which sustained the motion of...

Century Surety Co. v. Continental Casualty Co. - 6/24/2005
AFFIRMING BEFORE: GUIDUGLI AND TAYLOR, JUDGES; EMBERTON, SENIOR JUDGE. Century Surety Company appeals from a declaratory judgment of the Warren Circuit Court, in which Century was held to be contractually bound to...

Steel Technologies - 6/24/2005
AFFIRMING BEFORE: MINTON AND TACKETT, JUDGES; HUDDLESTON, SENIOR JUDGE. Steel Technologies, Inc. appeals from a Gallatin Circuit Court judgment based on a jury verdict that awarded over $3.7 million in damages to the...

Cavana v. Love - 6/17/2005
AFFIRMING BEFORE: KNOPF, TAYLOR, AND VANMETER JUDGES. This is an appeal and cross-appeal from a judgment of the Campbell Circuit Court confirming a jury verdict and award in a medical malpractice case. The appellant, Joan...

Tillmon v. General Motors Corp. - 6/17/2005
AFFIRMING BEFORE: BARBER, KNOPF, AND SCHRODER, JUDGES. Patricia Tillmon appeals from a December 23, 2004, order by the Workers' Compensation Board (Board) which affirmed an Administrative Law Judge's (ALJ) order...

Kirk v. Ruth Contractors - 6/16/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...

Thornton v. Volt Services Group - 6/16/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...

Clark Regional Medical Center v. Osborne - 6/16/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...

Kentucky Bar Association v. Smith - 6/16/2005
TO BE PUBLISHED OPINION AND ORDER The Kentucky Bar Association (KBA) brought this action against Respondent, Barry Sloan Smith, for violations of SCR 3.130-8.3(c) (engaging in conduct involving dishonesty, fraud, deceit, or...

Kentucky Bar Association v. Sivalls - 6/16/2005
TO BE PUBLISHED OPINION AND ORDER On January 14, 2005, the Kentucky Bar Association Board of Governors reviewed fifteen files regarding Respondent, Tammie Jones Sivalls, whose bar roster address is 1101 Oriole Avenue, Mount...

Baker v. Wal-Mart Stores - 6/10/2005
AFFIRMING BEFORE: JOHNSON AND McANULTY, JUDGES; HUDDLESTON, SENIOR JUDGE. Bernard Baker has petitioned for review of an opinion of the Workers' Compensation Board entered on August 6, 2004, which affirmed the...

Brown v. Furnish - 6/3/2005
AFFIRMING BEFORE: TACKETT AND VANMETER, JUDGES; MILLER, SENIOR JUDGE. Charles Brown appeals from an order of the Kenton Circuit Court granting summary judgment in favor of his former landlord, Kenneth Furnish, Jr., on...

Oliver v. Abell - 5/27/2005
AFFIRMING BEFORE: MINTON AND TACKETT, JUDGES; HUDDLESTON, SENIOR JUDGE. Tonya Oliver appeals from the denial of her motion under Kentucky Rule of Civil Procedure (CR) 60.02 for relief from the order setting aside the...

Young v. Shirley - 5/27/2005
AFFIRMING IN PART, REVERSING IN PART, AND REMANDING BEFORE: DYCHE, SCHRODER, AND VANMETER, JUDGES. This is an appeal from an order dismissing appellant's complaint against numerous defendants alleging violations of his...

Harkrader v. Farrar Oil Co. - 5/27/2005
AFFIRMING BEFORE: GUIDUGLI and TAYLOR, JUDGES; EMBERTON, SENIOR JUDGE. The single issue in this appeal is whether the Daviess Circuit Court erred in granting appellees' motion to enforce a settlement agreement negotiated...

American Premier Insurance Co. v. Davenport - 5/27/2005
AFFIRMING BEFORE: BUCKINGHAM, KNOPF, AND TAYLOR, JUDGES. American Premier Insurance Company (American) appeals from orders, entered April 16, 2004, and June 9, 2004, in the Jefferson Circuit Court determining that a motor...

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