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CITY OF FRANKFORT v. BYRNS

No. 90-CA-000914-MR.

817 S.W.2d 462 (1991)

CITY of FRANKFORT, Appellant, v. Aaron BYRNS and Cathy Byrns, Joseph Finger and Ruby Finger, Paul Finger and Lenore Finger, Bobby Haddock and Bess Haddock, Mike Mulligan and Judy Mulligan, and Stephen F. Wheeler and Diane W. Wheeler, Appellees.

Court of Appeals of Kentucky.

October 25, 1991.

Attorney(s) appearing for the Case

William C. Shouse, Donald W. Stanford, Lexington, for appellant.

Stuart E. Alexander III, Donald H. Balleisen, Louisville, for appellees.

Before DYCHE, EMBERTON and SCHRODER, JJ.

EMBERTON, Judge.

This is an appeal from a judgment for the appellees, plaintiffs below, in an action in negligence. Specifically, a jury determined that the appellant, City of Frankfort, had been negligent in designing and building a storm water system, and as a result of such negligence, the property of the appellees was damaged. On appeal, the principal issues are whether the trial court clearly erred in (1) not directing...

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