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CARLOTTA v. WARNER

Civ. A. No. 82-101.

601 F.Supp. 749 (1985)

Samuel A. CARLOTTA, Plaintiff, v. Marvin L. WARNER, Sole Proprietor d/b/a Normandy Green Apartments, et al., Defendants.

United States District Court, E.D. Kentucky, Covington Division.

January 24, 1985.

Attorney(s) appearing for the Case

William J. Kathman, Jr., Florence, Ky., for plaintiff.

Mark G. Arnzen, Covington, Ky., for defendants.

OPINION AND ORDER

BERTELSMAN, District Judge.

This case presents one of the troublesome issues with which courts will be presented in applying the comparative negligence doctrine adopted by the Supreme Court of Kentucky in Hilen v. Hays, 673 S.W.2d 713 (Ky.1984).

Prior to the promulgation of Hilen, this court had granted partial summary judgment in favor of the defendant on the primary charge of negligence...

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