Legal Opinion · Dissent

Jewell v. Oglesby

Court of Appeals of Kentucky

Decided April 29, 1966Published

1DissentPalmore, Judge

When a vehicle making a left turn is hit by an overtaking vehicle attempting to pass to its left, and it is undisputed that the driver of the overtaking vehicle did not give the horn signal required by KRS 189.-340(1), then in the absence of evidence to the contrary (for example, that the driver of the turning vehicle had observed the attempt to pass before turning) I do not see how reasonable men can avoid the conclusion that the failure to sound the horn is a proximate cause of the accident. That is the very thing the statute was designed to prevent. I would overrule cases to the contrary.…

2Cases cited1 opinion

  1. Lareau v. TraderCourt of Appeals of Kentucky · 1965

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