Bennett v. Parkway Professional Center, Inc.

*696ON REHEARING

It has been argued on rehearing that by force of the jury verdict and under the rationale of O’Connor & Raque Company v. Bill, supra, Mrs. Bennett must be held contributorily negligent as a matter of law. We do not agree. In that case the defendant’s non-negligence (but for the possible application of the ordinance) was established by case law in the form of Barber v. Cunningham, Ky., 335 S.W.2d 882 (1960). The plaintiff’s negligence was deduced from the defendant’s non-negligence. In this case the defendant’s non-negligence (aside from the ordinance) has not been established,…