Legal Opinion

Frear v. P.T.A. Industries, Inc.

Kentucky Supreme Court

Decided April 24, 2003No. 1999-SC-0642-DGPublishedCited by 189 opinions

1Opinion of the Court

KELLER, Justice.

I. ISSUE

This Court granted discretionary review to address one issue. As part of the parties’ oral agreement to settle their pending lawsuit, Appellants agreed to release Ap-pellee P.T.A. Industries, Inc., d/b/a Louisville Exterminating Company (“PTA”) from liability. When a “Release and Indemnity Agreement” was subsequently tendered for Appellants’ signature, however, Appellants refused to sign the document because, in addition to releasing P.T.A. from liability, it required Appellants to indemnify P.T.A. against any future claims by third parties. Did Appellants breach the…

2Cases cited17 opinions

  1. Motorists Mutual Insurance Co. v. GlassKentucky Supreme Court · 1999
  2. Morganfield National Bank v. Damien Elder & SonsKentucky Supreme Court · 1992
  3. O'BRYAN v. Massey-Ferguson, Inc.Court of Appeals of Kentucky (pre-1976) · 1966
  4. Hoheimer v. HoheimerKentucky Supreme Court · 2000
  5. A & a Mechanical, Inc. v. Thermal Equipment Sales, Inc.Court of Appeals of Kentucky · 1999

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3Cited by189 opinions

  1. Hamilton v. General Electric Co.Court of Appeals for the Sixth Circuit · 2009
  2. Kentucky Ass'n of Counties All Lines Fund Trust v. McClendonKentucky Supreme Court · 2005
  3. The Kentucky Shakespeare Festival, Inc. v. Brantley DunawayKentucky Supreme Court · 2016
  4. Superior Steel, Inc. v. Ascent at Roebling's Bridge, LLCMissouri Court of Appeals · 2017
  5. Hazard Coal Corp. v. KnightKentucky Supreme Court · 2010

184 more not listed; retrieve them via the Exa API.

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