Penberthy v. Price

This case arises from a motor vehicle accident in which an allegedly intoxicated Robert E. Kenly, while operating a vehicle, crossed the centerline and collided with a vehicle driven by Michael S. Penberthy. Both Penberthy and his passenger, David C. Walpole, were injured. Kenly died from his injuries.

The plaintiffs, Michael S. Penberthy and David C. Walpole, filed a six-count complaint in the circuit court of St. Clair County against the defendants, the estate of Robert E. Kenly (Estate) and Page III, Inc. (Page). The plaintiffs’ actions against the Estate were premised on the theories of…