Edward F. Heimbrock Co. v. Marine Sales & Service, Inc.

MILLER, Judge.

This is an appeal from an Order of the Jefferson Circuit Court dismissing appellant’s action for failure to state a claim. Kentucky Rules of Civil Procedure (CR) 12.02(f).

The facts are these: Gary T. Hubbuch was injured on the slopes of Paoli Peaks, Indiana, while snow-skiing February 3, 1985. Gary and his wife filed suit against the appellee, Marine Sales & Service, Inc. (Marine Sales), for injuries suffered, directly and derivatively. It was alleged that Marine Sales had negligently repaired or adjusted Gary’s skis and bindings.

Gary’s employer, appellant/Edward F. Heimbrock…