Legal Opinion
Commonwealth v. Fortner LP Gas Co.
Court of Appeals of Kentucky
Decided October 31, 1980PublishedCited by 5 opinions
1Opinion of the Court
GANT, Judge.
On March 13, 1979, a school bus was returning children to their homes in Livingston County. Phillip Kirkham, age 10, and his sister, Windy Kirkham, age 6, alighted from the bus and were attempting to cross the highway when a truck owned by appel-lee Fortner LP Gas Company, Inc. came upon the scene. The driver of the truck observed the bus about 400 feet ahead, geared down and applied the brakes, but failed to stop. The truck struck both children, injuring Phillip and killing Windy instantly. A subsequent inspection of the truck disclosed grossly defective brakes.
The grand jury…
2Cases cited1 opinion
- Commonwealth v. Illinois Central R. R.Court of Appeals of Kentucky · 1913
3Cited by5 opinions
- VAUGHAN AND SONS INC. v. StateCourt of Criminal Appeals of Texas · 1987
- Granite Construction Co. v. Superior CourtCalifornia Court of Appeal · 1983
- People v. General Dynamics Land Systems, IncMichigan Court of Appeals · 1989
- People v. General Dynamics Land Systems, IncMichigan Court of Appeals · 1989
- VAUGHAN AND SONS INC. v. StateCourt of Criminal Appeals of Texas · 1987