Gilbert v. Murray Paving Co., Inc.

OPINION

JOHNSON, JUDGE.

Clarence Gilbert and his wife, Ozella Gilbert, have appealed from an order entered by the Calloway Circuit Court on December 21, 2001, which granted Murray Paving Co., Inc.’s motion for summary judgment. Having concluded that the trial court erred in determining that there was no genuine issue as to any material fact and that Murray Paving was entitled to judgment as a matter of law, we reverse and remand.

Pursuant to a contract dated March 4, 1999, the Commonwealth of Kentucky, Department of Highways (Department) awarded a highway construction contract to Murray Paving…