LUTTRELL v. WOOD

No. 94-SC-342-DG.

902 S.W.2d 817 (1995)

Beth Wilkerson LUTTRELL, Administratrix, Paul David Luttrell Estate, Appellant, v. Philip WOOD, Administrator, Pamela Sue Wood Estate, Appellee.

Supreme Court of Kentucky.

Rehearing Denied August 24, 1995.


Attorney(s) appearing for the Case

Ronald M. Sullivan, R. Michael Sullivan, Holbrook, Wible, Sullivan & Mountjoy, P.S.C., Owensboro, for appellant.

Marvin P. Nunley, Owensboro, for appellee.


STUMBO, Justice.

The issue presented is whether basic reparation benefits (BRB's) paid as survivor's replacement services loss benefits pursuant to KRS 304.39-020(5)(e) should be credited against an award for wrongful death. KRS 411.130. Put differently, are survivor's replacement services loss benefits a recoverable element of damages in a wrongful death action? We find that they are not, and deny the credit.

The facts giving rise to this appeal are these...

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