Cumberland Valley Contractors, Inc. and Del Rio, Inc., Appellants/cross-Appellees v. Bell County Coal Corporation…

Summary

The Kentucky Supreme Court held that Bell County Coal timely appealed because the trial court's amended judgment revoked the original judgment's finality and substantively changed the judgment. It also held that the contract's exculpatory clause was clear, enforceable, and barred Cumberland Valley's and Del Rio's claims because sophisticated parties with comparable bargaining power voluntarily allocated the risk of losses from inaccurate mine mapping, including violations of a shared statutory duty. The court therefore reversed the Court of Appeals and the circuit court judgment, rendering all other issues moot.