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COM. TRANSP. CABINET v. MORRISON

715 S.W.2d 899 (1986)

COMMONWEALTH of Kentucky TRANSPORTATION CABINET, Appellant, v. Alva MORRISON, Administratrix of the Estate of Daniel Russell Morrison, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court October 7, 1986.

Attorney(s) appearing for the Case

Charles W. Huddleston, Bowling Green, for appellant.

William Colvin, Greensburg, for appellee.

Before CLAYTON, LESTER and McDONALD, JJ.

LESTER, Judge.

This is an appeal from an opinion and order reversing a judgment of the Board of Claims and remanding the action to be tried in conformity with Hilen v. Hays, Ky., 673 S.W.2d 713 (1984), under the doctrine of comparative negligence.

The sole question on appeal is whether the issue of comparative negligence was sufficiently raised and preserved, so as to mandate retroactive application of Hilen. Id...

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