In May of 2013, the United States District Court for the Eastern District of Kentucky granted partial summary judgment to the plaintiff in this Kentucky car accident case. (See Petro v. Jones, 2013 WL 1856423 (E.D. Ky. 2013)). The Kentucky car accident occurred in the spring of 2010. The accident was a head-on car accident. After the car accident the plaintiffs hired a Kentucky car accident attorney. The plaintiff’s attorney field suit against the wrongful driver and a couple of insurance companies trying to recover from as many respective polices issued that he could.
At issue before the court was the plaintiff’s motion for partial summary judgment as to liability. The court looked at the summary judgment motion and considered the pleadings and discovery to date. As the court noted the moving party had the initial burden. The plaintiff’s Kentucky car accident attorney preferred his negligence claim. The plaintiff’s attorney asserted that there is no need for the issue of liability to proceed to trial. All the evidence that the car accident occurred showed that the defendant was solely responsible. Most of the defendants agreed to this.
“In Kentucky, to establish negligence, a plaintiff must demonstrate the existence of a duty, breach thereof, causation, and damages.” (cites omitted). Ordinarily, the existence of a duty is a question of law for the court, while breach and injury are questions of fact for the jury. (cites omitted). Thus, the court looked at whether the driver of the wrongful vehicle had a duty to exercise reasonable care while driving his vehicle. The court answered this question as yes. And then the court looked at whether there was a factual dispute about whether the driver breached that duty. As to this, the court looked at the evidence presented which was statements by three witnesses that all stated that the wrongful driver caused the accident by crossing the center line of the road. Thus, the court ruled that submission of this issue to the jury is not necessary. There was no additional evidence which a jury could look at whereby a reasonably jury could differ as to whether the conduct of the defendant had been a substantial factor in causing the harm to the plaintiff. Id.
As to the issue of damages, the court reserved that issue for the jury to decide. Id. The case proceeded accordingly.
If you have been the subject of a Kentucky car accident case, please call and speak to a Kentucky car accident attorney at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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