Kentucky Supreme Court March 21, 2013, Nos. 2010-SC-000072-DG, 2010-SC-000682-DG (Gibson v. Fuel Transport, Inc.)

Opinion of the Court by

Justice CUNNINGHAM.

On the night of November 2, 2004, a tractor trailer loaded with coal overturned while attempting to negotiate a curve on Highway 80 near the Knott-Floyd County line. The truck was owned by Fuel Transport, Inc. (hereinafter “Fuel Transport”) and driven by its employee, Troy Vander-pool.