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REGENSTREIF v. PHELPS

No. 2001-SC-0987-DG.

142 S.W.3d 1 (2004)

Charlotte REGENSTREIF, and Cara Regenstreif Appellants, v. Linda O. PHELPS Appellee.

Supreme Court of Kentucky.

As Modified September 17, 2004.

Attorney(s) appearing for the Case

David A. Weinberg, Weinberg & Capello, Lexington, Counsel for Appellants.

Perry M. Bentley, Todd S. Page, Stoll, Keenon & Park, Lexington, Counsel for Appellee.

KELLER, Justice.

I. ISSUE

A vehicle driven by Appellee, Linda Phelps ("Phelps"), crossed the center line and struck head-on a vehicle driven by Appellant, Charlotte Regenstreif ("Regenstreif"). Because of evidence that "black ice" caused the accident, the trial court's instructions qualified Phelps's duties with a sudden emergency instruction. The jury found that Phelps did not violate her duties and returned a verdict in her favor. Was it error to qualify...

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