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AMERICAN STATES INS. v. AUDUBON COUNTRY CLUB

650 S.W.2d 252 (1983)

AMERICAN STATES INSURANCE CO., Movant, v. AUDUBON COUNTRY CLUB, Anthony Martin Koenig, and James L. Davis, Respondents. and James L. DAVIS, Movant, v. AUDUBON COUNTRY CLUB, Anthony Martin Koenig, and American States Insurance Co., Respondents.

Supreme Court of Kentucky.

May 11, 1983.

Attorney(s) appearing for the Case

William A. Blodgett, Jr., Woodward, Hobson & Fulton, Louisville, for movant, American States Ins. Co.

Dennis M. Clare, Larry C. Ethridge, Nold, Mosley, Clare, Hubbard & Rogers, Louisville, for movant, James L. Davis.

Ben T. Cooper, Cooper & Beale, P.S.C., Louisville, for respondent, Audubon Country Club.

F. Larkin Fore, C. Alex Rose, Russell H. Saunders, Handmaker, Weber, Meyer & Rose, Louisville, for respondent, Anthony Martin Koenig.

Robert L. Milby, Hamm, Milby & Ridings, London, for amicus curiae.

WINTERSHEIMER, Justice.

This appeal is from an opinion of the Court of Appeals which affirmed an appeal and cross-appeal from the trial court. The Court of Appeals confined the subrogation claim of the insurance company to that portion of the $30,000 recovery pertaining to past medical expenses and loss of earnings without any consideration for future pain and suffering.

The questions presented are whether the Court of Appeals correctly determined that the...

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