DUDAS v. KACZMAREK


652 S.W.2d 868 (1983)

John DUDAS, Appellant, v. Richard KACZMAREK, Appellee.

Court of Appeals of Kentucky.

May 20, 1983.


Attorney(s) appearing for the Case

John G. Crutchfield, Ewen, MacKenzie & Peden, P.S.C., Louisville, for appellant.

W. David Klingman, Frockt & Klingman, Louisville, for appellee.

Before DUNN, LESTER and WILHOIT, JJ.


WILHOIT, Judge.

The sole question presented in this appeal is whether an injured party in a vehicular accident may recover in his negligence action against an alleged tortfeasor amounts which he has received, or is entitled to receive, from an insurance company as basic reparation benefits [BRB] under the Kentucky Motor Vehicle Reparations Act, KRS 304.39-010 to -340. We hold that when this is properly objected to, he may not.

The appellant, John Dudas, was...

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