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WOOTEN v. LEGATE

519 S.W.2d 385 (1974)

Mary Jane WOOTEN, Administratrix of the Estate of Larry Dale Wooten, Appellant, v. William E. LEGATE and Jessie C. Mullins, Appellees. William E. LEGATE and Mary Jane Wooten, etc., Appellants, v. Jessie C. MULLINS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied February 7, 1975.

Attorney(s) appearing for the Case

James B. Brien, Jr., Neely, Reed & Brien, Mayfield, for Mary Jane Wooten.

William H. Parham, Mayfield, for Jessie C. Mullins.

Richard Weisenberger, Hubbard, Weisenberger & Null, Mayfield, Gary Houston, Walker, Threlkeld & Whitlow, Paducah, for William E. Legate.

CATINNA, Commissioner.

Mary Jane Wooten, administratrix of the estate of Larry Dale Wooten, deceased, and William Legate appeal from a judgment entered pursuant to a verdict of a jury which found that the accident resulting in the death of Larry Dale Wooten was unavoidable. Upon appeal it is insisted that it was prejudicial error for the court to instruct the jury on "unavoidable accident."

Larry Dale Wooten was...

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