Kelley v. Poore. After obtaining a defense verdict at trial in Fayette Circuit Court, the Court of Appeals affirmed the judgment. The Court of Appeals held that the Trial Court did not err in failing to direct a verdict in favor of Plaintiff because the evidence supported a verdict in favor of the defendant where it permitted the jury to conclude that the defendant consistently maintained a proper lookout but the plaintiff failed to do so. As such, the Trial Court did not err in refusing to conclude as a matter of law that the defendant acted negligently or breached his duty to keep a proper lookout. See KTCR Report.
