Baker v. Webb

McDONALD, Judge.

This is an appeal from a jury verdict where an apportionment of liability was assessed against a non-settling, non-party driver. We reverse consistent with our prior opinion in Bass v. Williams, Ky.App., 839 S.W.2d 559 (1992).

On January 3, 1990, Diana Baker was struck after getting out of a vehicle driven by Tim Baker, her brother-in-law. Ruth Webb backed her ear out of a parking space and into the side of the Baker vehicle, pinning Diana between the two vehicles. Diana claimed various injuries including a miscarriage, inasmuch as she was six weeks pregnant at the time.

Diana…