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DAVIS v. JOHNSON

No. 2007-CA-002394-DG.

295 S.W.3d 841 (2009)

Jennifer Marie DAVIS, a Minor; and Rebecca Faye Davis, a Minor, Appellants, v. Melissa Nicole JOHNSON, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 18, 2009.

Attorney(s) appearing for the Case

Paul K. Croley, II, Williamsburg, KY, for appellant.

Frank A. Atkins, Jason Price, Williamsburg, KY, for appellee.

Before DIXON and NICKELL, Judges; BUCKINGHAM, Senior Judge.

OPINION

BUCKINGHAM, Senior Judge (Assigned).

The sole issue raised in this appeal is whether a decedent's stepchild who has not been legally adopted may recover a share of damages under Kentucky's wrongful death statute, KRS 411.130. The Whitley District Court concluded that a stepchild who had not been adopted may not share in the recovery, but the Whitley Circuit Court reversed. We conclude that the Whitley...

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