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COMMONWEALTH v. STUBBLEFIELD

353 S.W.2d 371 (1962)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Thomas STUBBLEFIELD, Administrator of the Estate of Clara Turner, Deceased, Appellee.

Court of Appeals of Kentucky.

January 26, 1962.

Attorney(s) appearing for the Case

John J. Blackburn, Frankfort, for appellant.

Calvert C. Little, London, for appellee.

MILLIKEN, Judge.

Clara Turner, an elderly woman, received serious injuries when she was struck from behind by a Department of Highways truck, January 15, 1957, while walking eastwardly on or near the center of State Highway No. 80 between Somerset and London. She died in May following while an inmate of the State Hospital near Danville. The Board of Claims denied recovery to her estate declaring (paraphrasing the governing statute, KRS 44.120) "That the damage claimed...

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