EQUITABLE LIFE ASSUR. SOC., ETC. v. TAYLOR


637 S.W.2d 663 (1982)

EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellant, v. R. Forrest TAYLOR, Zora E. Taylor, Charlie Daugherty and Vera Daugherty, Appellees. EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellant, v. R. Forrest TAYLOR, Zora E. Taylor, Charlie Daugherty and Vera Daugherty, Appellees.

Court of Appeals of Kentucky.

September 3, 1982.


Attorney(s) appearing for the Case

John H. Helmers, James G. Harralson, Holbrook, Gary, Wible & Sullivan, P.S.C., Owensboro, for appellant.

John D. Miller, Miller, Taylor, Burlew & Meyer, David C. Brodie, Owensboro, for appellees.

Before WHITE, HOWERTON and WILHOIT, JJ.


WHITE, Judge.

This appeal is taken from a Summary Judgment entered in the Ohio Circuit Court. The relevant procedural facts are well-known to the parties and will not be repeated.

When shorn of all excess rhetoric, the issue before this Court is whether the Constitutionally mandated jury determination of damages (§ 242 Kentucky Constitution) can be waived in favor of a bench resolution, and if so, was such done in the present case. We respond affirmatively...

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