Carlotta v. Warner

OPINION AND ORDER

BERTELSMAN, District Judge.

This case presents one of the troublesome issues with which courts will be presented in applying the comparative negligence doctrine adopted by the Supreme Court of Kentucky in Hilen v. Hays, 673 S.W.2d 713 (Ky.1984).

Prior to the promulgation of Hilen, this court had granted partial summary judgment in favor of the defendant on the primary charge of negligence against him on the ground that plaintiff was guilty of contributory negligence as a matter of law. Now the plaintiff has moved for reconsideration on the basis of Hilen, which was applicable…