Henson v. Klein

Opinion of the Court by

Justice VENTERS.

This case arises from the collision of two personal watercrafts on Lake Cumberland, one operated by Appellant, Elaine Henson, and the other operated by Appellee, David Klein. A judgment based on a jury verdict was entered in the trial court in Klein’s favor. The Court of Appeals affirmed the judgment. We granted discretionary review to consider Henson’s argument that the jury was incorrectly instructed on the sudden emergency doctrine, and to re-examine our holding in Regenstreif v. Phelps, 142 S.W.3d 1 (Ky.2004). 1 We conclude that the sudden emergency…