Taylor v. Kennedy, 700 S.W.2d 415 (Ky. Ct. App. 1985). · Go Syfert
Taylor v. Kennedy, 700 S.W.2d 415 (Ky. Ct. App. 1985). Cases Citing This Book View Copy Cite
92 citation events (66 in the last 25 years) across 4 distinct courts.
Strongest positive: Lazarus Coal, LLC v. Abram Scott Adkins (kyctapp, 2026-06-12)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (rule) Lazarus Coal, LLC v. Abram Scott Adkins (2×)
Ky. Ct. App. · 2026 · confidence medium
Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky. App. 1985).
cited Cited as authority (rule) Dale Rutledge, M.D. v. Chevanna Walker
Ky. Ct. App. · 2026 · confidence medium
Id. at 416 (citation omitted).
cited Cited as authority (rule) Chevanna Walker v. Lake Cumberland Regional Hospital, LLC
Ky. Ct. App. · 2026 · confidence medium
Id. at 416 (citation omitted).
discussed Cited as authority (rule) Jasa Properties, LLC v. Kentuckiana Roofing Co. Inc.
Ky. Ct. App. · 2026 · confidence medium
To grant the motions, there must be “a complete absence of proof on a material issue in the action, or if no disputed issue of fact exists upon which reasonable men could differ.” Radioshack Corp. v. ComSmart, Inc., 222 S.W.3d 256, 261 (Ky. App. 2007) (quoting Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky. App. 1985)).
cited Cited as authority (rule) John Gregory Jones v. David McCreary
Ky. Ct. App. · 2025 · confidence medium
Id. (quoting Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky. App. 1985)).
cited Cited as authority (rule) Suzanne Randal Daues (Formerly Known as Mary Suzanne Daues) v. Robert Kevin Randal, Individually and as Beneficiary and Trustee of the Randal Family Trust
Ky. Ct. App. · 2025 · confidence medium
Williams v. Vollman, Ky.App., 738 S.W.2d 849 (1987); Taylor v. Kennedy, Ky.App., 700 S.W.2d 415, 416 (1985).
discussed Cited as authority (rule) Highlands Arh Regional Medical Center v. Ashley Shepherd
Ky. Ct. App. · 2025 · confidence medium
Furthermore, it is required to give the opposing party the advantage of every fair and reasonable inference which can be drawn from the evidence.” Turner v. Norton Healthcare, Inc., 681 4 Specifically, Highlands appeals: (1) the court’s failure to grant its three separate motions for summary judgment (one that was denied, and two that were not ruled on); (2) the failure to grant its motions in limine to exclude Farrell, Fletcher, and the nurse from testifying (the court only addressed the first two and held the motion in abeyance); (3) the denial of its renewed motion to exclude Farrell fr…
discussed Cited as authority (rule) Shannon Ashcraft-Evans v. Allison Lied, M.D.
Ky. Ct. App. · 2024 · confidence medium
And, it is precluded from entering either a directed verdict or judgment n.o.v. unless there is a complete absence of proof on a material issue in the action, or if no disputed issue of fact exists upon which reasonable men could differ. -14- Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky. App. 1985).
cited Cited as authority (rule) Joyce Turner v. Norton Healthcare, Inc.
Ky. · 2023 · confidence medium
Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky. App. 1985).
cited Cited as authority (rule) Kathryn Towery v. Craig T. McCormick in His Capacity as of the Estate of James T.
Ky. Ct. App. · 2022 · confidence medium
Williams v. Vollman, 738 S.W.2d 849 (Ky. App. 1987); Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky. App. 1985).
discussed Cited as authority (rule) Deborah Ostafi v. Gary Gabbard
Ky. Ct. App. · 2021 · confidence medium
In ruling on a motion for a directed verdict or a JNOV, the trial court must “consider the evidence in the strongest possible light in favor of the party -19- opposing the motion” and “give the opposing party the advantage of every fair and reasonable inference which can be drawn from the evidence.” Id. (quoting Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky. App. 1985)).
discussed Cited as authority (rule) Michael Harlan v. Doris Dean Williams
Ky. Ct. App. · 2021 · confidence medium
To grant the motions, there must be “a complete absence of proof on a material issue in the action, or if no disputed issue of fact exists upon which reasonable men could differ.” Radioshack Corp. v. ComSmart, Inc., 222 S.W.3d 256, 261 (Ky. App. 2007) (quoting Taylor v. Kennedy, 700 S.W. 2d 415, 416 (Ky. App. 1985)).
discussed Cited as authority (rule) Michelle Phillips v. Ann D. Ball
Ky. Ct. App. · 2021 · confidence medium
In Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky. App. 1985), this Court set forth the applicable standard a trial court must use in ruling on such motions: -31- In ruling on either a motion for a directed verdict or a motion for judgment notwithstanding the verdict, a trial court is under a duty to consider the evidence in the strongest possible light in favor of the party opposing the motion.
discussed Cited as authority (rule) PBI Bank, Inc. v. Signature Point Condominiums LLC
Ky. Ct. App. · 2016 · confidence medium
However, the trial court “is precluded from entering either a directed verdict [or JNOV] unless there is a complete absence of proof on a material issue .in the action, or if no disputed issue of fact exists upon which reasonable men could differ.” Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky. App. 1985).
cited Cited as authority (rule) Insight Kentucky Partners II, L.P. v. Preferred Automotive Services, Inc.
Ky. Ct. App. · 2016 · confidence medium
Id. at 416 (citation omitted).
discussed Cited as authority (rule) Banker v. University of Louisville Athletic Ass'n
Ky. · 2015 · confidence medium
When reviewing a trial court’s denial of JNOV, “we are to affirm ... ‘unless there is a complete absence of proof on a material issue in the action, or if no disputed issue of fact exists upon which reasonable men could differ.’ ” Fister v. Commonwealth, 133 S.W.3d 480, 487 (Ky.App.2003) (quoting Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky.App.1985)) (emphasis added).
cited Cited as authority (rule) Estate of Moloney v. Becker
Ky. Ct. App. · 2013 · confidence medium
Id. at 416 (citation omitted).
discussed Cited as authority (rule) Savage v. Three Rivers Medical Center
Ky. · 2012 · confidence medium
When reviewing a trial court’s denial of JNOV, “we are to affirm ... ‘unless there is a complete absence of proof on a material issue in the action, or if no disputed issue of fact exists upon which reasonable men could differ.’ ” Fister v. Commonwealth, 133 S.W.3d 480, 487 (Ky.App.2003) (quoting Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky.App.1985)) (emphasis added).
discussed Cited as authority (rule) Sandoz Inc. v. Commonwealth ex rel. Conway
Ky. Ct. App. · 2012 · confidence medium
The question on review of a denied motion for JNOV or a new trial, is whether there was “a complete absence of proof on a material issue.” Id. quoting Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky.App.1985).
cited Cited as authority (rule) Gibson v. Kentucky Farm Bureau Mutual Insurance Co.
Ky. Ct. App. · 2010 · confidence medium
Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky.App.1985).
cited Cited as authority (rule) Carter v. Coalfield Lumber Company, Inc.
Ky. Ct. App. · 2010 · confidence medium
Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky.App.1985).
discussed Cited as authority (rule) Boon Edam, Inc. v. Saunders
Ky. Ct. App. · 2010 · confidence medium
Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky.App.1985) This Court is not at liberty to make credibility determinations or determine the weight which should be given to the evidence because this is a function for the trier of fact.
cited Cited as authority (rule) Peters v. Wooten
Ky. Ct. App. · 2009 · confidence medium
Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky.App.1985).
discussed Cited as authority (rule) Allen v. Commonwealth (2×)
Ky. Ct. App. · 2009 · confidence medium
Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky.App.1985).
cited Cited as authority (rule) Radioshack Corp. v. ComSmart, Inc.
Ky. Ct. App. · 2007 · confidence medium
Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky.App.1985).
cited Cited as authority (rule) Reece v. Nationwide Mutual Insurance Co.
Ky. · 2007 · confidence medium
Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky.App.1985).
cited Cited as authority (rule) Dollar General Partners v. Upchurch
Ky. Ct. App. · 2006 · confidence medium
Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky.App.1985).
discussed Cited as authority (rule) Bullard v. Alcan Aluminum Corp. (2×)
6th Cir. · 2004 · confidence medium
Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky.Ct.App. 1985) (citing Sutton v. Combs, 419 S.W.2d 775 (Ky.1967)).
examined Cited as authority (rule) Moore v. Environmental Construction Corp. (4×)
Ky. · 2004 · confidence medium
Moore, Jr. was the stepson of Sargent's sister-in-law; however, John, Jr. had lived with Sargent and his son Lewis for approximately eight months and Lewis commonly referred to John, Jr. as his cousin and Sargent commonly referred to him as his nephew. [4] The citations were for not reporting the accident to the Kentucky OSHA regulatory agency within eight hours of the event; for failing to provide a ladder to escape the trench; for failure to have a competent person conduct daily inspection of trench; and for not taking adequate safety precautions for a trench over five feet deep, i.e., slopi…
discussed Cited as authority (rule) Fister v. Commonwealth
Ky. Ct. App. · 2003 · confidence medium
In addition, we are to affirm the trial court’s denial of the motion “unless there is a complete absence of proof on. a material issue in the action, or if no disputed issue of fact exists upon which reasonable men could differ.” Taylor v. Kennedy, Ky .App., 700 S.W.2d 415, 416 (1985).
discussed Cited as authority (rule) Welsh v. Galen of Virginia, Inc.
Ky. Ct. App. · 2001 · confidence medium
“In ruling on ... a motion for a directed verdict a trial court ... is precluded from entering ... a directed verdict ... unless there is a complete absence of proof on a material issue in the action[.]” Taylor v. Kennedy, Ky.App., 700 S.W.2d 415, 416 (1985).
discussed Cited as authority (rule) Sakler v. Anesthesiology Associates, P.S.C.
Ky. Ct. App. · 2001 · confidence medium
A directed verdict must not be entered unless there is “a complete absence of proof on a material issue in the action, or if no disputed issue of fact exists upon which reasonable men could differ.” Id. at 96 , quoting Taylor v. Kennedy, Ky. App., 700 S.W.2d 415, 416 (1985).
discussed Cited as authority (rule) Sakler v. Anesthesiology Associates, PSC
Ky. Ct. App. · 2001 · confidence medium
A directed verdict must not be entered unless there is "a complete absence of proof on a material issue in the action, or if no disputed issue of fact exists upon which reasonable men could differ." Id. at 96 , quoting Taylor v. Kennedy, Ky.App., 700 S.W.2d 415, 416 (1985).
cited Cited as authority (rule) Brewer v. Hillard
Ky. Ct. App. · 1999 · confidence medium
Taylor v. Kennedy, Ky., 700 S.W.2d 415, 416 (1985).
discussed Cited as authority (rule) Motorists Mutual Insurance Co. v. Glass (2×)
Ky. · 1999 · confidence medium
As to sufficiency of evidence, a directed verdict is precluded "unless there is a complete absence of proof on a material issue in the action or if no disputed issue of fact exists upon which reasonable minds could differ." Taylor v. Kennedy, Ky.App., 700 S.W.2d 415, 416 (1985).
cited Cited as authority (rule) Bye v. Mattingly
Ky. · 1998 · confidence medium
Williams v. Vollman, Ky.App., 738 S.W.2d 849 (1987); Taylor v. Kennedy, Ky .App., 700 S.W.2d 415, 416 (1985).
cited Cited as authority (rule) Sroka-Calvert v. Watkins
Ky. Ct. App. · 1998 · confidence medium
Taylor v. Kennedy, Ky.App., 700 S.W.2d 415, 416 (1985).
discussed Cited as authority (rule) Everley v. Wright
Ky. Ct. App. · 1993 · confidence medium
A directed verdict must not be entered unless there is “a complete absence of proof on a material issue in the action, or if no disputed issue of fact exists upon which reasonable men could differ.” Taylor v. Kennedy, Ky.App., 700 S.W.2d 415, 416 (1985); Mason v. Keltner, Ky.App., 854 S.W.2d 780 (1992).
discussed Cited as authority (rule) Mason v. Keltner
Ky. Ct. App. · 1992 · confidence medium
This Court in Taylor v. Kennedy, Ky.App., 700 S.W.2d 415, 416 (1985) stated: In ruling on either a motion for a directed verdict or a motion for judgment notwithstanding the verdict, a trial court is under a duty to consider the evidence in the strongest possible light in favor of the party opposing the motion.
discussed Cited as authority (rule) Surber v. Wallace
Ky. Ct. App. · 1992 · confidence medium
In Taylor v. Kennedy, Ky.App., 700 S.W.2d 415, 416 (1985), we said: In ruling on either a motion for a directed verdict or a motion for judgment notwithstanding the verdict, a trial court is under a duty to consider the evidence in the strongest possible light in favor of the party opposing the motion.
cited Cited as authority (rule) Bank of Cumberland v. Aetna Casualty and Surety Company, and Third Party Myrtle S. Blakley, of the Estate of Alton E. Blakley, Deceased, Third Party
3rd Cir. · 1992 · confidence medium
Taylor v. Kennedy, 700 S.W.2d 415, 417 (Ky.App.1985).
discussed Cited as authority (rule) Williams v. Vollman (2×)
Ky. Ct. App. · 1987 · confidence medium
In Taylor v. Kennedy, Ky.App., 700 S.W.2d 415, 416 (1985), the court stated as follows: In ruling on ... a motion for a directed verdict ..., a trial court is under a duty to consider the evidence in the strongest possible light in favor of the party opposing the motion.
cited Cited as authority (rule) Prater Creek Processing Co. v. McClanahan
Ky. Ct. App. · 1987 · confidence medium
Taylor v. Kennedy, Ky.App., 700 S.W.2d 415 at 416 (1985), citing Sutton v. Combs, Ky., 419 S.W.2d 775 (1967).
cited Cited "see" Department of Kentucky State Police v. Sgt. Kevin Burton
Ky. Ct. App. · 2024 · signal: see · confidence high
See Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky. App. 1985); Belt v. Cincinnati Insurance Company, 664 S.W.3d 524 , 530 (Ky. 2022); Louisville and Jefferson Cnty.
cited Cited "see" State Farm Fire & Casualty Co. v. Car X-Associates Corp.
6th Cir. · 2012 · signal: see · confidence high
See Taylor v. Kennedy, 700 S.W.2d 415, 416 (Ky.Ct.App.1985) (the trial court standard for granting a directed verdict or JNOV is the same).
cited Cited "see" Aesthetics in Jewelry, Inc. v. Estate of Brown Ex Rel. Brown
Ky. Ct. App. · 2011 · signal: see · confidence high
See Taylor v. Kennedy, 700 S.W.2d 415 (Ky.App.1985).
cited Cited "see" Previs v. Dailey
Ky. · 2005 · signal: see · confidence high
See Taylor v. Kennedy, 700 S.W.2d 415 (Ky.App.1985).
cited Cited "see" Griffin v. Thompson
Ky. Ct. App. · 1987 · signal: see · confidence high
See Taylor v. Kennedy, Ky.App., 700 S.W.2d 415 (1985).
cited Cited "see, e.g." Thompson v. Hardy
Ky. Ct. App. · 2000 · signal: see also · confidence medium
Ky., 798 S.W.2d 459, 461-462 (1990); see also Taylor v. Kennedy, Ky.App., 700 S.W.2d 415, 416 (1985). .
Retrieving the full opinion text from the archive…
Randy Steven TAYLOR, Appellant,
v.
Patsy Hampton KENNEDY, Individually and as Executrix of the Estate of Annie Sue Hampton, and Edward Kennedy, Appellees
Court of Appeals of Kentucky.
Jun 28, 1985.
700 S.W.2d 415
Donna A. Chu, Ben S. Fletcher, III, Hop-kinsville, for appellant., Wendell Rorie, Hopkinsville, for appel-lees.
Cooper, Howard, Wil-Hoit.
Cited by 63 opinions  |  Published
COOPER, Judge.

This is an appeal from an order of the trial court entering judgment notwithstanding the verdict for the appellees, defendants below, in an action for negligence. On appeal, the principal issue is whether the trial court erred, as a matter of law, in ruling that there was no evidence of probative value to support a finding of negligence on the part of the appellees, and in[*416] ruling that the appellant was contributorily negligent as a matter of law. Reviewing the record below, we reverse and remand.

The facts relative to this action are as follows: In August of 1981, the appellant, Randy Steven Taylor, filed a negligence action against the appellees, Patsy Hampton Kennedy, individually and as Executrix of the estate of Annie Sue Hampton, and Edward Kennedy, for injuries he sustained while in their employ. Specifically, he alleged that he was employed by the appel-lees to work on their dairy farm, and on August 31, 1980, “while climbing up steps of [a grain] silo and in the exercise of due care, [he] slipped and fell some sixty (60) feet to a concrete floor due to the unsafe and slippery condition of said silo steps ... thereby suffering serious personal injuries.” The appellant alleged that the appel-lees violated the provisions of KRS 338.031 in not providing him with a safe place in which to work, i.e., in not using every device and method practical to prevent the existing slippery condition on the silo’s steps.

After discovery by both parties, the action was tried by a jury. During the trial, the issue of the appellees’ negligence and the issue of the appellant’s contributory negligence were raised. Furthermore, an issue was raised as to whether the appellant was, in fact, employed at the time of his injury, and whether the steps on the silo were defectively designed. Subsequent to the presentation of the evidence, the trial court instructed the jury on the issues of negligence, contributory negligence, and the duty of the appellees’ agent, Richard Wood, if he were the appellees’ agent at the time of the accident.

The jury returned a verdict for the appellant in the amount of $25,000: $17,000 representing lost wages and the impairment of his power to earn money; $8,000 representing reasonable hospital and medical expenses. No amount was awarded for pain and suffering. Thereafter, the appellees moved the trial court for judgment n.o.v. and/or a new trial. In their motion, they argued that the appellant was contribu-torily negligent as a matter of law, and any negligence with respect to the silo should be borne by its designer. The trial court subsequently entered judgment n.o.v. for the appellees. It is from such judgment that the appellant now appeals.

On appeal, the single issue is whether the trial court erred, as a matter of law, in ruling that there was no evidence of probative value to support a finding of negligence on the part of the appellees, and in ruling that the appellant was negligent as a matter of law. Reviewing the record below, we reverse the judgment of the trial court.

In ruling on either a motion for a directed verdict or a motion for judgment notwithstanding the verdict, a trial court is under a duty to consider the evidence in the strongest possible light in favor of the party opposing the motion. Furthermore, it is required to give the opposing party the advantage of every fair and reasonable inference which can be drawn from the evidence. And, it is precluded from entering either a directed verdict or judgment n.o.v. unless there is a complete absence of proof on a material issue in the action, or if no disputed issue of fact exists upon which reasonable men could differ. See Sutton v. Combs, Ky., 419 S.W.2d 775 (1967).

In entering judgment for the appel-lees, the trial court ruled that the appellant was contributorily negligent as a matter of law. Specifically, it ruled that he was negligent “in choosing to climb the silo steps aware of the obvious and apparent condition of said steps.” Viewing the evidence in the strongest possible light in favor of the appellant, we find that the trial court’s ruling was correct.

Although the appellant testified that pri- or to his climbing the silo’s ladder, he did not see any decomposed silage on the ladder’s top steps, he admitted seeing silage on the bottom steps. Furthermore, the appellant admitted to seeing one of the appellees’ employees — who was preceding him in climbing up the silo — almost fall as he reached the top of the silo. More impor[*417] tantly, due to the configuration of the silo’s ladder, together with the appellant’s weight, the appellant was forced to grab the steps with his hands before attempting to step up. Consequently, he would have been aware of decomposed silage on any given step prior to actually stepping on it. Given such facts, the trial court correctly ruled that the appellant, as one aware of the obvious and apparent condition of the steps, was contributorily negligent as a matter of law.

However, the appellant alleged that the appellees were negligent in failing to provide him with a reasonably safe place in which to work. KRS 338.031. Specifically, he alleged that they were negligent in: (1) failing to modify the existing steps on the silo so that it would comply with current safety standards; and (2) allowing decomposed silage to remain on the silo steps. Assuming, for the sake of argument, that there was an absence of any substantive proof concerning a defective design of the silo steps, there was evidence of probative value that decomposed silage had been allowed to accumulate on the silo’s steps. Consequently, an issue of fact was presented as to whether decomposed silage existed on the steps of the silo and, if so, whether the appellees were negligent in allowing it to be there.

Similarly, although the appellees alleged that the appellant was not in an employer/employee relationship with them at the time of the accident, there was substantial evidence that the appellant was, in fact, an employee at that time — as distinct from a tenant farmer. In that conflicting evidence was presented on this issue, it was a question of fact for the jury to determine. See Kroger Grocery & Baking Co. v. Diebold, 276 Ky. 349, 124 S.W.2d 505 (1939). Although the appellees disputed the appellant’s contention that he was instructed by Mr. Wood to climb the silo, conflicting evidence was presented on this issue, and a jury question was raised along with the issue of Wood’s status as to whether he was an employee at the time of the accident.

In that this jurisdiction now recognizes the doctrine of comparative negligence— Hilen v. Hayes, Ky., 673 S.W.2d 713 (1984) —this action is remanded to the trial court with directions that it enter a new trial both on the question of the degree of the appellant’s negligence, and the issue of what extent, if any, the appellees were negligent.

All concur.