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HENSON v. KLEIN

Nos. 2007-SC-000795-DG, 2008-SC-000204-DG.

319 S.W.3d 413 (2010)

Elaine T. HENSON and St. Paul Fire and Marine Insurance Company, Appellants/Cross-Appellees, v. David KLEIN, Appellee/Cross-Appellant.

Supreme Court of Kentucky.

August 26, 2010.

Attorney(s) appearing for the Case

Brian Edward Clare , Judson Fuller Devlin , Fulton & Devlin, Louisville, KY, Counsel for Appellants/Cross-Appellees.

Catherine Marie Cundiff Sewell , Peter J. Sewell , Derek Patrick O'Bryan , Sewell, O'Brien & Neal, PLLC, Louisville, KY, Counsel for Appellee/Cross-Appellant.

Opinion of the Court by Justice VENTERS.

This case arises from the collision of two personal watercrafts on Lake Cumberland, one operated by Appellant, Elaine Henson, and the other operated by Appellee, David Klein. A judgment based on a jury verdict was entered in the trial court in Klein's favor. The Court of Appeals affirmed the judgment. We granted discretionary review to consider Henson's argument that the jury was incorrectly instructed on the sudden emergency...

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