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CUMMINS v. COX

No. 89-SC-662-DG.

799 S.W.2d 5 (1990)

Betty CUMMINS, Individually and as Administratrix of the Estate of Jayson Cox, Deceased, Movant, v. James COX, Respondent.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing December 27, 1990.

Attorney(s) appearing for the Case

James P. Benassi, Frankfort, for movant.

Willie E. Peale, Jr., Frankfort, for respondent.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed a judgment of the Franklin Circuit Court denying the biological father of an illegitimate son killed in an automobile accident the right to file an action for wrongful death pursuant to K.R.S. 411.130 or as a surviving parent in an action for loss of affection and companionship pursuant to K.R.S. 411.135.

The issue is whether the natural father had standing to file...

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