PRATER v. ARNETT


648 S.W.2d 82 (1983)

William C. PRATER and Magoffin County Fiscal Court, Appellants, v. Alma ARNETT, Administratrix of the Estate of Paul Edward Arnett, Deceased, Appellee.

Court of Appeals of Kentucky.

April 1, 1983.


Attorney(s) appearing for the Case

Richard W. Martin, Johnson, Dunnigan & Martin, Ashland, for appellants.

David Lemaster, Paintsville, for appellee.

Before GUDGEL, McDONALD and MILLER, JJ.


MILLER, Judge.

This is an appeal under Kentucky's Wrongful Death Statute KRS 411.130. (Often referred to by the trial bar as the Campbell Statute, for reason that Lord Campbell's Act passed in England in 1846, abrogated the Common Law rule that no action lay for the wrongful death of another). There were two jury verdicts. In the first trial, the jury fixed liability and damages at Twenty-Five Thousand ($25,000) Dollars. Upon plaintiff's motion under CR 59.01, the...

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