PERRY v. BAKER


453 S.W.2d 607 (1970)

Charles PERRY, by and through his Administratrix, his wife, Carol Perry, Appellant, v. Allen BAKER, Appellee.

Court of Appeals of Kentucky.

May 1, 1970.


Attorney(s) appearing for the Case

H. Nicholas Baker, David Kaplan, Kaplan, Lyon & Brady, Louisville, for appellant.

Ernest H. Clarke, Stites & McElwain, Louisville, for appellee.


CLAY, Commissioner.

This is a suit for personal injuries sustained by appellant's decedent in an automobile accident. (He later died from an unrelated cause.) A jury verdict in the amount of $2500 in appellant's favor was set aside by the trial court and appellee was granted a judgment notwithstanding the verdict. The only issue on this appeal is whether appellant's decedent was contributorily negligent as a matter of law because of the drinking activities of the...

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