Commonwealth v. Morrison

LESTER, Judge.

This is an appeal from an opinion and order reversing a judgment of the Board of Claims and remanding the action to be tried in conformity with Hilen v. Hays, Ky., 673 S.W.2d 713 (1984), under the doctrine of comparative negligence.

The sole question on appeal is whether the issue of comparative negligence was sufficiently raised and preserved, so as to mandate retroactive application of Hilen. Id. at 720.

This case arose from the death of a motorist following his collision with the side of a bridge in Green County. The one lane bridge, in a state of deterioration, collapsed upon…