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MOORE v. COM.

No. 91-CA-807-MR.

846 S.W.2d 715 (1992)

David MOORE, Appellant, v. COMMONWEALTH OF KENTUCKY, Corrections Cabinet and Board of Claims, Appellees.

Court of Appeals of Kentucky.

Withdrawn and Reissued August 28, 1992.

Discretionary Review Denied by Supreme Court March 11, 1993.

Attorney(s) appearing for the Case

David O. Smith and Marcia A. Smith, Corbin, for appellant.

Barbara W. Jones, Mark A. Sipek and Suzanne D. Cordery, Corrections Cabinet, Frankfort, for appellees.

Before LESTER, C.J., and HAYES and JOHNSON, JJ.

HAYES, Judge:

David Moore's action on behalf of his wife was dismissed by the Board of Claims. The Franklin Circuit Court affirmed, and we do likewise.

Kimberly Moore was killed in an automobile accident on July 17, 1989. Her vehicle was struck by a truck being operated by one Tommy Irvin. At the time of the accident, Irvin was intoxicated and driving on a suspended license. He was also a probationer under the supervision of the Corrections Cabinet. Moore...

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