STEWART v. ESTATE OF COOPER

No. 1999-SC-0963-DG.

102 S.W.3d 913 (2003)

Billy Joe STEWART and Tammy Bowling Badgett, Appellants, v. ESTATE OF James E. COOPER, Betty Coomer Cooper, Executrix, and Westfield Companies, Appellees.

Supreme Court of Kentucky.

April 24, 2003.


Attorney(s) appearing for the Case

Michael J. Curtis, Ashland, Robert F. Duncan, Jackson & Kelly, Lexington, James D. Keffer, Ashland, for Appellants.

William P. Emrick, McKenzie, Woolery, Emrick & Webb, PSC, Ashland, for Appellees, Estate of James E. Cooper and Betty Coomer Cooper.

Mark Bramble, Kesner, Kesner & Bramble, Charleston, WV, for Appellee, Westfield Companies.


Opinion of the Court by Justice KELLER.

I. INTRODUCTION

This matter presents an issue of first impression. Appellants suffered injuries in an automobile collision caused by a drunken driver, and later filed a lawsuit in which they sought compensatory and punitive damages. The driver, however, died before trial, and upon Appellants' motion, the trial court substituted the decedent driver's estate as a party defendant. The trial court then granted the estate...

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