Taylor v. Blackburn

CULLEN, Commissioner.

William Taylor, an employe of Keither Blackburn, was driving Blackburn’s truck down a mountain road when the left front door of the cab came open. In endeavoring to close the door Taylor lost control of the truck. It hit a guard rail and Taylor fell out and was killed. His administratrix sued Blackburn for damages for wrongful death on the theory that the truck door was defective and that Blackburn had previous knowledge of the defect. No issue of contributory negligence or assumption of risk was raised, apparently because of the applicability of KRS 342.410. The case was…