Goodin v. Overnight Transportation Co.

I must respectfully dissent from the opinion certifying the law in this matter. I do not believe the term “use of a motor vehicle” as defined in KRS 304.39-020(6), includes the unloading of a parked trailer by a worker who is called upon to assist in the unloading.

On August 12, 1983, Goodin assisted in the unloading of merchandise from a trailer owned by Overnight Transportation Company. The trailer was delivering pallets to a facility of the Delaware Powder Company where Goodin worked. The Overnight driver was assisted by four Delaware employees including Goodin. While the last pallet was…