Turner v. Andrew
Kentucky Supreme Court
413 S.W.3d 272 (2013)
- Written by Jenny Perry, JD
Facts
Billy Andrew (plaintiff) owned several dump trucks that were operated by Billy Andrew Jr. Trucking, LLC (Trucking). Andrew was the sole owner of Trucking, which he operated from his residence. One of the trucks was damaged when a piece of equipment mounted on a feed truck driven by Coy Turner (defendant) and owned by his employer, M & W Milling Company, Inc. (M & W) (defendant), swung loose into oncoming traffic and hit Andrew’s truck. Andrew sued M & W for damage to the truck and income lost by Trucking due to loss of use of Andrew’s truck. Trucking was not included as a plaintiff. M & W’s answer to the complaint challenged Andrew’s standing to pursue a claim for income lost by Trucking, but Andrew did not amend the complaint. The trial court entered judgment in favor of Turner and M & W. On appeal, Andrew argued that he could pursue the lost-business claim because he was the sole owner of Trucking. The court of appeals agreed with Andrew and reversed the judgment. M & W appealed.
Rule of Law
Issue
Holding and Reasoning (Abramson, J.)
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