On February 27, 2015, the Court of Appeals of Kentucky decided a case involving a car accident where the plaintiff sued two cars in this three car accident. (See Ashley v. Skaggs, 2015 WL 9859567 (Crt. App. 2015)). Prior to the jury trial beginning the plaintiff settled out with one of the drivers. The plaintiff’s car was stopped at a light when the second car behind them struck her after the car behind was behind her and she was struck. The plaintiff’s Louisville Car Accident Lawyer settled out with the 3rd car in this accident.
At the end of the trial both parties submitted jury instructions. The plaintiffs alleged that the jury instruction improperly omitted the defendant remaining as to her duty to “keep her vehicle under reasonable control”. Id.
There was an issue as to whether they had actually preserved their appeal. To this issue the car accident trial court held that they had. By proposing their jury instructions to avoid the specific error complained of this preserved their objection to the instructions. Id.
Kentucky uses model jury instructions. The plaintiffs tried to point out to three sections of the Kentucky model jury instructions. But, the court only looked at one relevant one, Section 16.30 – Stopped or slow moving vehicles struck from rear..” Id. This section differentiates between the vehicle in front and back. To the vehicle in back it says that the driver has to “have his automobile under reasonable control”, presumably because the front vehicle is either stopped or slow moving. Id. Though both drivers are charged with the duty of exercising “ordinary care generally to avoid collision with other persons and vehicles on the highway.” Id.
The difference between this section and the jury instructions plaintiff’s Louisville Car Accident Lawyer wanted to put in differ as to two irrelevant issues held the court. The jury found that the 3rd car caused the accident and that the second car did not do anything wrong. The duty to “keep her vehicle under reasonable control was imposed on car 3 but not car 2 per the jury instructions given by the court.
If you have been the subject of a Louisville Car Accident Lawyer case, please call and speak to a Louisville Car Accident Lawyer 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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