HILEN v. HAYS


673 S.W.2d 713 (1984)

Margie Montgomery HILEN, Appellant, v. Keith HAYS, Appellee.

Supreme Court of Kentucky.

July 5, 1984.


Attorney(s) appearing for the Case

William R. Garmer, Perlman & Garmer, PSC, Lexington, for appellant.

C. William Swinford, Stoll, Keenon & Park, Lexington, for appellee.

Bert T. Combs, Lawrence E. Forgy, Jr., Lexington, for Peerless Coal Co.


LEIBSON, Justice.

The appellant, Margie Montgomery Hilen, was severely injured when the automobile in which she was a passenger was driven into the back of another vehicle and overturned. She sued the driver, appellee Keith Hays. There was no question but that the cause of the accident was the driver's negligent operation of the vehicle. There was a factual dispute as to whether the passenger failed to exercise reasonable care for her own safety by riding with a person...

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