FROM FAYETTE CIRCUIT COURT HONORABLE KIMBERLY N. BUNNELL,
JUDGE ACTION NO. 09-CI-04651
FOR APPELLANT: Kevin C. Burke Jamie K. Neal Louisville,
Kentucky Ryan E. Singleton Lexington, Kentucky
FOR APPELLEE C & R ASPHALT, LLC: Stephen P. Stoltz Stefan
J. Bing Lexington, Kentucky
FOR APPELLEES LB HOLDINGS, LLC; JASON GREER; AND SURETEC
INSURANCE CO. Derek Humfleet Florence, Kentucky
BEFORE: ACREE, LAMBERT, AND SPALDING, JUDGES.
appeal involves the installation of a residential driveway in
2008 in Lexington, Kentucky. We vacate the order granting
summary judgment and remand the matter to the circuit court.
Greer, through his corporation LB Holdings, LLC, purchased a
piece of residential property on Lakewood Drive in an upscale
urban neighborhood. It was Greer's intent to make
improvements to the property and sell it at a profit. He
hired Eddie Turner to do some of the remodeling work. But
Turner advised Greer that the driveway was beyond his area of
expertise, so Greer authorized Turner to find a contractor
for the paving.
contacted Josh Coleman of C & R Asphalt, LLC, and the two
agreed on the work to be performed. Turner signed the
"Acceptance of Proposal." The negotiated cost of
the driveway was $18, 480.00, but additional work was ordered
by Greer, and the final cost submitted for payment was $23,
670.00. Greer refused to pay, claiming that the work was
unsatisfactory, and the asphalt company placed a lien on the
property; it filed suit the following year.
R's complaint was amended three times, with parties added
and dismissed over the years. Turner was named as a defendant
in 2011; C & R's allegations against Turner were: (1)
that he should be held liable as Greer's general
contractor; (2) that it was Turner who had signed the written
contract; and (3) that Turner failed to pay C & R and
should thus be held accountable for the contractual amount
plus interest, costs, and fees.
LB Holdings filed for bankruptcy reorganization during the
economic downturn of 2009. Renovations on the Lakewood Drive
property were suspended from 2009 to 2014. LB Holdings was
able to resume official business in 2014 after securing a
bond (through Suretec Insurance Company, Inc.), which allowed
for the release of the liens against the property. LB and
Suretec were named defendants to this litigation in 2014.
2017, there were three separate motions for summary judgment:
one by the landowner and his corporate holdings company, one
by the asphalt company, and one by Eddie Turner. On April 20,
2017, the asphalt company's motion for partial summary
judgment against Turner was granted (with the circuit court
holding that there were no genuine issues of material fact
that Turner was personally liable to C & R), but the
other two motions were denied. The circuit court later ruled
(after motions to alter, amend, or vacate were filed by both
C & R and Turner) that Turner was accountable to the
asphalt company for $23, 670.00 plus interest compounded at
24% annually since 2011 (the year Turner was added as a
party); the final computation for Turner's liability was
$174, 833.61. Turner appeals.
begin by reciting our standard of review:
A motion for summary judgment should be granted "if the
pleadings, depositions, answers to interrogatories,
stipulations, and admissions on file, together with the
affidavits, if any, show that there is no genuine issue as to
any material fact and that the moving party is entitled to a
judgment as a matter of law." CR ...