Taylor v. Jennison
| Decision Date | 20 May 1960 |
| Citation | 335 S.W.2d 902 |
| Parties | Hubert TAYLOR, Appellant, v. J. R. JENNISON et al., Appellees. |
| Court | United States State Supreme Court — District of Kentucky |
Nichols & Nichols, Earle M. Nichols, Madisonville, for appellant.
Gordon, Gordon & Mills, Madisonville, for appellees.
CLAY, Commissioner.
This case involves an intersection automobile collision in the City of Madisonville. The plaintiff appellees recovered judgment for personal injuries and property damage against defendant appellant totalling $5,000. Most of the issues raised on appeal by defendant are little short of frivolous and involve alleged errors which could not have been prejudicial. See CR 61.01.
The first contention is that the court should have required the property damage insurer of one of the plaintiffs to be made a party. This insurer had a 'loan agreement' similar to those considered in Ratcliff v. Smith, Ky., 298 S.W.2d 18, and Aetna Freight Lines v. R. C. Tway Co., Ky., 298 S.W.2d 293, 62 A.L.R.2d 480. These cases are decisive of the questions raised.
The next contention is the trial court erroneously permitted the plaintiffs to prove a traffic regulation ordinance of the City of Madisonville which had not been pleaded. This ordinance was introduced to show that the street on which defendant's automobile was traveling was a 'stop' street. While it may by necessary to plead an ordinance which is the basis of a cause of action, it need not be pleaded if introduced on the issue of negligence. Illinois Central Railroad Company v. McGuire's Administrator, 239 Ky. 1, 38 S.W.2d 913. There really was no issue in the case as to whether or not this particular street was a 'stop' street.
Defendant next contends he was entitled to a directed verdict because there was no proof he was the driver of the automobile involved in the collision. (He admitted ownership.) There was ample direct and substantial evidence that he was the driver in spite of a different story told by him.
Defendant objected to the testimony by a policeman that there was a 'stop' sign at the intersection. As before mentioned, there was no issue about this matter, and this evidence simply confirmed the regulations of the ordinance.
Defendant's final contention is that practically every one of the instructions was erroneous. Several objections relate to the property damage claim and the ordinance question, both of which we have discussed. Other objections, even if well taken, relate to non-prejudicial matters. We find no reversible error on the original appeal.
By cross appeal plaintiffs raise a question which is being presented more and more often in personal injury actions for negligence. It is, whether or not the plaintiff may recover medical and hospital expenses for which he will be reimbursed or which have been paid under a hospitalization or medical expense insurance policy. In this case hospital expenses in the amount of $397.50 were incurred by the plaintiffs but were paid by insurance companies under Blue Cross and White Cross policies. The trial court refused to submit to the jury this item of damages, basing its ruling on Sedlock v. Trosper, 307 Ky. 369, 211 S.W.2d 147, 13 A.L.R.2d 349.
The general rule recognized in other...
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National Sur. Corp. v. Hartford Cas. Ins. Co.
...been wholly or partly indemnified for his loss by insurance (to whose procurement the wrongdoer did not contribute)." Taylor v. Jennison, 335 S.W.2d 902, 903 (Ky.1960). In the instant case, even though Sufix had excess insurance, and thus was compensated for the entire verdict against it, S......
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Baptist Healthcare Systems, Inc. v. Miller, No. 2003-SC-471-DG.
...or his accident policies could not be proven for the purpose of defeating or diminishing his right of recovery." Id. In Taylor v. Jennison, 335 S.W.2d 902 (Ky.1960), our predecessor court specifically adopted "the The general rule recognized in other jurisdictions is that damages recoverabl......
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Cudd v. Great American Insurance Company, Civ. A. No. 8038.
...which has no bearing upon the extent of liability of the wrongdoer. Siebrand v. Gossnell, 234 F.2d 81 (9th Cir., 1956); Taylor v. Jennison, 335 S.W. 2d 902 (Ky., 1960); Leon v. United States, 193 F.Supp. 8 (E.D.N.Y., 1961); 15 Am.Jur., Damages, Sec. 201, p. 617; 25 C.J.S. Damages § 99, p. 6......
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Hardaway Management Co. v. Southerland
...party has been wholly or partly indemnified by insurance (to whose procurement the wrongdoer did not contribute )." Taylor v. Jennison, Ky., 335 S.W.2d 902, 903 (1960) (emphasis added); see also, Burke Enterprises, Inc. v. Mitchell, Ky., 700 S.W.2d 789 (1985). The logic behind this rule is ......