Legal Opinion

Spivey Ex Rel. Spivey v. Sheeler

Court of Appeals of Kentucky (pre-1976)

Decided August 23, 1974PublishedCited by 37 opinions

1Opinion of the Court

JAMES S. CHENAULT, Special Commissioner.

The infant appellant, Gregory Allen Spivey, suffered an accidental gunshot wound at the hands of Robert Sheeler, son of the appellees, R. T. Sheeler and Carolyn Sue Sheeler. This action was brought by the Spiveys individually and by Hobart Spivey as next friend of Gregory against the Sheelers for damages resulting from the injury.

The facts developed on the trial are largely undisputed and, so far as pertinent to the issue here presented, are as follows:

On a Friday afternoon following school Gregory, then 12 years of age, and a playmate, Dan Patrick, 11…

2Cases cited5 opinions

  1. Powers v. HarlowMichigan Supreme Court · 1884
  2. Glean v. SmithCourt of Appeals of Georgia · 1967
  3. Wroth v. McKinneySupreme Court of Kansas · 1962
  4. Ohio Casualty Insurance Co. v. Commonwealth, Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1972
  5. Dick v. HiggasonCourt of Appeals of Kentucky (pre-1976) · 1959

3Cited by37 opinions

  1. Commonwealth v. SawhillKentucky Supreme Court · 1983
  2. Lewis v. B & R CORPORATIONCourt of Appeals of Kentucky · 2001
  3. Kroger Co. v. WillgruberKentucky Supreme Court · 1996
  4. Joe James v. Meow Media, Inc.Court of Appeals for the Sixth Circuit · 2002
  5. Richard Lee Calhoun v. Honda Motor Company, Ltd. And American Honda Motor CompanyCourt of Appeals for the Sixth Circuit · 1984

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