OPINION AND ORDER

The motion of Commonwealth of Kentucky, Department of Transportation Bureau of Highways for a review of the decision of the Court of Appeals is granted.

*293The decision of the Court of Appeals rendered May 19,1978, is now vacated, and this proceeding is remanded to the Court of Appeals for reconsideration in light of this court’s opinion in Transport Motor Express, Inc. v. Finn, Ky., 574 S.W.2d 277, rendered September 19, 1978.