West v. Luchesi

As I view this case one of the problems presented is basically a problem of statutory construction. Our previous cases construing the statutes involved are not all in accord. The crux of the matter is whether or not our statutes relating to traffic regulations do in fact place an absolute duty upon a left-turning vehicle to ascertain, at the. exact moment the turn is made, whether the left lane of the highway is in fact clear of passing vehicles traveling in the same direction as the turning vehicle. KRS 189.300(1) provides:

“The operator of any vehicle when upon a highway shall travel upon…