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Hilen v. Hays

Citations

  • 673 S.W.2d 713
  • 1984 Ky. LEXIS 261

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • emphasizing that even “the claimant who is 95% negligent recovers from the defendant . . . for that small portion of the injury, 5%, which is fairly attributable to the defendant’s fault”
  • supplanting the doctrine of contributory negligence was supplanted with comparative fault
  • “[T]he rule that statutes in derogation of the common law are to be strictly construed shall not apply to the statutes of this state.”
  • “The trier of fact must” apportion fault in a comparative negligence case. (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Stephens, Aker, Gant, Leibson, Wintersheimer, Stephenson, Vance

Read full opinion on CourtListener

Cited by

111 cases in this archive cite this case; the 20 most cited are listed.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.