Goldsmith v. Allied Building Components, Inc.

833 S.W.2d 378 (1992)

Terry D. GOLDSMITH and Kimberly Goldsmith, Appellants,

v.

ALLIED BUILDING COMPONENTS, INC., Appellee.

No. 91-SC-286-DG.

Supreme Court of Kentucky.

June 25, 1992.

Kenneth H. Baker, James S. Scroghan, Louisville, for appellants.

Robert E. Stopher, Boehl, Stopher, Graves & Deindoerfer, Louisville, for appellee.

LAMBERT, Justice.

This Court granted discretionary review of an opinion of the Court of Appeals which affirmed the trial court's summary judgment. CR 56. Despite its acknowledgement of an issue of fact, the court below applied the clearly erroneous standard of CR 52.01 and…