Kuzmiak v. Flowers

CLAYTON, Justice.

Hubert David Flowers was killed on the Kentucky Turnpike in Bullitt County when he was struck by an automobile driven by the movant, William Michael Kuzmiak. Ellen Flowers, in her capacity as administra-trix of the decedent’s estate, instituted this wrongful death action against movant in the Bullitt Circuit Court. The evidence presented at trial was in conflict as to whether the decedent was struck while standing in the emergency lane or whether he stepped onto the highway into the path of movant’s vehicle. The state trooper investigating the accident discovered that the…