Kentucky Wrongful Death Law
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Kentucky

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Date

Facts

Decision (may be subject to appeal)

9/2/2004 This case involved a wrongful death governmental tort claim by David and Sandra Robins who sued the City of Lexington, Kentucky for the 2001 death of their 11-year-old son, Justin. He was crushed when a side-loading garbage truck rolled over him as it pulled away from the curb. They claimed that the driver of the truck was negligent in failing to make sure that the area was clear before proceeding. Settled for $2 million.
2/27/2004 This case involved a wrongful death products liability claim by Ronald Gunerson individually and on behalf of the estate of Mary Gunderson against Novartis Pharmaceuticals Corp. and the estate of Dr. Lyman Armstrong. Armstrong gave Mary Gunderson Parlodel (bromocriptine mesylate), manufactured by sold by Novartis, to surpress Mrs. Gunderson's breast milk production after the birth of a child. The plaintiffs claimed that Novartis knew that Parlodel had serious side effects but failed to inform Armstrong. They said the drug was unreasonably dangerous and defective and caused Mary Gunderson to have a seizure and die. She was 32-years-old when she died in 1993 leaving her husband and two children. Plaintiffs' verdict for $20 million.
6/20/2003 This case related to a wrongful death dram shop claim by the families of Andrew Cory Stauble and Jamie Parsley, both age 16, who were killed when there car was hit by another vehicle traveling at high speed and being driven by a patron of the restaurant who had been serverd alcohol. The accident on July 9, 2002, resulted in the deaths of Mark Eberenz, age 42, and Jamie Parsley and Cory Stauble. The pickup driven by Eberenz crossed the median of the Snyder Freeway and hit the car being driven by Jamie. Both vehicles burned, and all three died at the scene. Eberenz's blood alcohol level was 0.254 (three times the legal limit). Settled for $21 million.

 

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