TEMPLE v. HELTON

No. 78-CA-139-MR.

571 S.W.2d 647 (1978)

Charlie W. TEMPLE, Jr., Administrator of the Estate of Charlie W. Temple, III, Appellant, v. Eugene HELTON and Mark A. Helton, Appellees.

Court of Appeals of Kentucky.

September 22, 1978.


Attorney(s) appearing for the Case

John E. Anderson, Barbourville, for appellant.

Herman E. Leick, Corbin, Robert L. Milby, London, for appellees.

Before WHITE, HOGGE and PARK, JJ.


WHITE, Judge.

This appeal involves an action for wrongful death in which a jury verdict was returned in favor of defendant-appellees. Two issues are presented on appeal: (1) whether plaintiffs were entitled to a directed verdict on the theory of res ipsa loquitur and (2) whether defendant's testimony that he was not under the influence of drugs or any intoxicant at the time of the accident had the effect of a judicial admission, barring any instruction on contributory...

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