Burns v. Level

GRAVES, Justice.

Both Appellant/Cross-Appellee, Karen Burns (“Appellant”), and Appellees/Cross-Appellants, Larry D. Level and Willis Shaw Frozen Express, Inc. (“Appellee”), appeal from a decision of the Court of Appeals remanding this personal injury action to the Boone Circuit Court for a new trial. After hearing oral arguments and reviewing the record, we affirm in part and reverse in part the decision of the Court of Appeals.

This action stems from a vehicular accident which occurred on February 5, 1989, at the Mt. Zion overpass on 1-75 in Boone County. The parties agreed that freezing rain…