 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Boarman v. Commonwealth3/15/2001
REVERSING AND REMANDING IN PART AND AFFIRMING IN PART
Danny Boarman, (hereinafter "Decedent" or "Danny"), was driving over a bridge in Ohio County, Kentucky, on the evening of May 21, 1995, when his vehicle was side-swiped by a trailer being pulled by Patrick H. Ammon (hereinafter "Ammon"). As a result, Danny lost control of his car and collided with another vehicle driven by Roger Barnett (hereinafter "Barnett"), who had been following Ammon. The undisputed facts show that the bridge over which Danny, Ammon, and Barnett were driving was only nineteen feet wide, more narrow than the roadway. There were no reflectors or warning signs alerting drivers to the narrowing of the bridge. Danny died nine days later from injuries sustained in this accident. He was survived by his wife, Lora (hereinafter "Lora" or "Appellant"), and a daughter, McKallen.
Shortly after his death, Lora was appointed administratrix of Danny's estate. In her capacity as administratrix, she filed a wrongful death action in the Board of Claims (hereinafter "the Board") against the Appellees, Commonwealth of Kentucky, Transportation Cabinet, Department of Highways (hereinafter "the Cabinet"). She asserted that the Cabinet was at fault because the bridge was too narrow and the Cabinet failed to warn drivers of this danger. She asked for $4,262.00 for Danny's funeral expenses, and $1 ,OOO,OOO.OO for the destruction of Danny's power to earn money.
The Cabinet filed a motion to dismiss her claim on the grounds that Lora received collateral source payments, which offset any recovery in the Board of Claims, in excess of the statutory maximum amount recoverable from the Cabinet. KRS 44.070(5) provides a limited waiver of sovereign immunity for the Cabinet, but caps any recovery at $100,000.00. Further, any collateral source payments are to be deducted from the recovery from the Cabinet pursuant to KRS 44.070(l), which reads in pertinent part:
ny damage claim awarded shall be reduced by the amount of payments received or right to receive payment from workers' compensation insurance, social security programs, unemployment insurance programs, medical, disability or life insurance programs, or other federal or state or private program designed to supplement income or pay claimant's expenses or damages incurred.
The collateral source payments received by Lora, as set out in the Appellant's brief, are as follows:
(1) $25,000 was paid to Lora, as administratrix of Danny's estate, by OMNI Insurance Company to settle the estate's claim against Barnett, OMNl's insured.
(2) $25000.00 was paid to Lora, as administratrix of Danny's estate, by Allstate insurance Company to settle the estate's claim against Ammon.
(3) Blue Cross Blue Shield of Kentucky paid medical bills resulting from treatment of Danny totaling $61,467.23.
(4) Grange Mutual Casualty Company, Danny's no-fault insurance carrier, paid Lora, as administratrix of Danny's estate, $10,000.00 in basic reparation benefits. $1 ,OOO.OO of this amount was designated for funeral expenses, and the remaining $9,000.00 was compensation for "survivor's replacement loss" as defined in KRS 304.39-020(5)(e).
(5) Lora, individually, received proceeds from a life insurance policy on Danny in the amount of $100,000.00. Lora obtained this policy through her employer, General Electric Company.
Without a hearing, the Board summarily dismissed Lora's claim on the basis that the collateral source payments exceeded the maximum statutory award, but did not enumerate which payments it considered as setoffs. The Ohio Circuit Court affirmed the Board, stating that all collate
Page 1 2 3 4 Kentucky Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|