SC: October 2014 Monthly Summaries of Published Opinions from Supreme Court of Ky w/one tort case re directed verdict and failure to rebut presumption of negligence

Harlan County Court House, Harlan, Kentucky.

Harlan County Court House, Harlan, Kentucky (built 1918)

Supreme Court of Kentucky released today its summary of published decisions for October 2014.  Just remember these are always released months after the last minutes for the month are posted (in real time) by the AOC.

Click here for other posts with the Kentucky Court Report listing monthly summaries of SCOKY published decisions.

Click here for a complete list of monthly summaries archived at the Kentucky Supreme Court web site.

There was ONE published opinions this month (Sept.) dealing with injury law, tort, insurance, and civil decisions.

Rueben J. Wright, et al. v. Kim Carroll, et al.
2013-SC-000528-DG October 23, 2014
Directed Verdict

Opinion of the Court byJustice Scott. All sitting. All concur. Appellants, Reuben J. Wright and Matthew Keeton Trucking, sought discretionary review by the Supreme Court of the Court of Appeals’ opinion which held that the trial court abused its discretion by not granting a directed verdict in favor of Appellee, Kim Carroll. The Supreme Court granted discretionary review and affirmed the Court of Appeals, holding that when a motorist enters the opposite lane of traffic and an accident results, that motorist is presumptively negligent. To rebut the presumption, the motorist must present evidence that his presence in the wrong lane of traffic was not the result of either his own negligence or a situation that the motorist could have reasonably anticipated. Because vehicles stopped at an intersection is a normal traffic condition that Wright could have reasonably anticipated, the Supreme Court held that Wright failed to rebut the presumption of negligence. Thus, Carroll was entitled to a directed verdict on the issue of Wright’s liability and the case

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