Skaggs v. Assad, by and Through Assad

STEPHENS, Chief Justice.

The primary issue we decide on this appeal and cross-appeal is whether a compa*948rative negligence instruction is necessary, pursuant to Hilen v. Hays, Ky., 673 S.W.2d 713 (1984), when no such instruction was requested, and when an instruction on contributory negligence was, in fact submitted. Stated another way, does the giving of an instruction on contributory negligence preserve the error of a failure to give an instruction on comparative negligence?

Prior to answering that question, we must first determine whether, on the facts of the case at bar, there was sufficient…