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CLEMENTS v. ASHLAND OIL, INC.

657 S.W.2d 223 (1983)

Wanda A. CLEMENTS, Administratrix of the Estate of Alan T. Clements, Deceased; Marathon Oil Company; and Hartford Accident and Indemnity Company, Movants, v. ASHLAND OIL, INC., Respondent. and ASHLAND OIL, INC., Movant, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, et al., Respondents.

Supreme Court of Kentucky.

Rehearing Denied October 12, 1983.

Attorney(s) appearing for the Case

Leslie W. Morris, II, Lyle G. Robey, Stoll, Keenon & Park, Lexington, for respondent in No. 82-SC-187-DG and for movant in No. 82-SC-433-DG Greenebaum, Doll & McDonald, Lexington, of counsel.

John R. Wilson, Wallace, Gordinier, Wilson, Ruck & Cooper, Louisville, David T. Enlow, Enlow, Murphy, King & Dunn, Lexington, James S. Carroll, Harrodsburg, James T. Gilbert, Richmond, John M. Lawrence, Bardstown, W.R. Patterson, Jr., Landrum, Patterson & Dickey, Lexington, Guy K. Duerson, Jr., Duerson & Duerson, Berea, James D. Ishmael, Jr., Brown, Sledd & McCann, Lexington, Guy R. Colson, Fowler, Measle & Bell, Lexington, for movants in No. 82-SC-187-DG and for respondents in No. 82-SC-433-DG.

JAMES M. COLLIER, Special Justice.

The location of this tragic accident was the Ashland Oil bulk plant in Lexington. The relevant part of the Ashland facility was a loading dock. The dock included a roof under which tanker trucks could pull on either side of a platform for loading. Underneath the roof were drop tubes, each of which dispensed a different kind of petroleum product to waiting tankers. The flow of the liquid was controlled by a "meter" beside each tube...

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