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RENDERED: MAY 19, 2005 TO BE PUBLISHED
Suyrrmr (ITnixrf of ~ft C3, 2JWR, /A ~ 2002-SC-0969-DG
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DONNA HARGIS, INDIVIDUALLY; APPELLANTS DONNA HARGIS, AS ADMINISTRATRIX OF THE ESTATE OF DARRELL RUBEN HARGIS, DECEASED; ZACHARY HARGIS, A MINOR, THROUGH DONNA HARGIS AS NEXT FRIEND; AND CHRISTIAN HARGIS, A MINOR, THROUGH DONNA HARGIS AS'NEXT FRIEND
ON REVIEW FROM COURT OFAPPEALS
V
2001-CA-2246 MUHLENBERG CIRCUIT COURT NO. 99-CI-515
ALLEN R. BAIZE, D/B/A GREENVILLE APPELANTS LOG AND LUMBER; AND BAIZE FOREST PRODUCTS, INC.
OPINION OF THE COURT BY JUSTICE COOPER
REVERSING AND REMANDING
Appellee, Allen R. Baize, owned a lumber yard and sawmill in Muhlenberg
County, Kentucky, a sole proprietorship known as Greenville Log and Lumber Co.
("Greenville") . Baize' hired Darrell Ruben Hargis on an independent contractor basis to
haul logs to and from Greenville and various other locations for which services Baize
paid Hargis by the board-feet hauled. Hargis owned his own tractor (truck) but hauled
References to acts or omissions by Baize include those of his management or supervisory employees.
the logs on a semi-trailer owned by Baize. Baize claims he rented the trailer to Hargis
and deducted the rentals from Hargis's weekly paycheck but produced no records to
prove that assertion. Hargis worked exclusively for Baize during the last six months of
his life .
On November 24, 1998, Baize dispatched Hargis to Campbellsville, Kentucky, to pick up a load of logs that Baize had purchased from Whitney & Whitney Lumber Co. Presumably, Whitney's employees loaded the logs. Upon returning to Greenville, Hargis began releasing the binders on the logs in preparation for unloading by one of Baize's forklift drivers. Baize required all truck drivers, even his own employees, to release the binders on their loads, and then to move to a position at least two truck lengths in front of the truck so as to be in full view of the forklift operator while the logs were being unloaded. Baize owned eight forklifts, and three or four of them were in the vicinity of the unloading area when Hargis parked his truck. Steven Staples, a Baize employee, was standing by in his forklift waiting for Hargis to release the binders so that he could unload the logs. Unfortunately, when Hargis released the binders, a large log rolled off the trailer and struck and killed him.
Hargis's widow, individually, as administratrix of his estate, and as next friend of their two minor children, brought this action against Baize in the Muhlenberg Circuit Court alleging that the fatal accident was caused by Baize's failure to comply with Kentucky Administrative Regulation 803 KAR 2:317

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