Jasper v. Blair

D. LAMBERT, JUDGE,

DISSENTING.

I write separately to express my. disagreement with the holding of the majority. While I believe the majority is correct in their assessment of the law relating to the issues of this case, the application of that law to the facts of this case, in my opinion, demands the .opposite result. I would therefore reverse the trial court’s grant of a directed verdict in favor of Blair.

Even taking the evidence in the light most favorable to the prevailing party, as required by Bierman v. Klapheke, 967 S.W.2d 16 (Ky. 1998), the evidence is not so dispositive as to conclude…