Simmons v. Small

JOHNSON, Judge.

Richard Simmons (Simmons) has appealed from the judgment of the Jefferson Circuit Court entered on April 30, 1996, which awarded him nothing on his complaint against Kimberly Small (Small) for injuries he allegedly sustained in an automobile accident caused by Small. He also appeals from the trial court’s denial of his post-judgment motion for a new trial pursuant to Kentucky Rules of Civil Procedure (CR) 69.01(d) and (h). We reverse and remand.

On Friday, April 24, 1992, in Louisville, Kentucky, the Ford pick-up truck Simmons was operating, was struck in the rear by the…