personal injury claim (Kentucky) · Go Syfert
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personal injury claim in Kentucky

30 Kentucky opinions name it 3 courts 1912–2025 7 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Ping v. Beverly Enterprises, Inc.green
ky · 2012 · cited in 5 Kentucky opinions naming this issue, 2013–2025
2 sentences

2025We concluded that while a survival action is derivative of a personal injury claim which belongs to the estate, a wrongful death action is an independent claim belonging to the intended beneficiaries under KRS 411.130, a claim that “accrues separately to the wrongful death beneficiaries and is meant to compensate them for their own pecuniary loss.” -36- Id. at 598-99 .

2025We concluded that while a survival action is derivative of a personal injury claim which belongs to the estate, a wrongful death action is an independent claim belonging to the intended beneficiaries under KRS 411.130, a claim that “accrues separately to the wrongful death beneficiaries and is meant to compensate them for their own pecuniary loss.” -36- Id. at 598-99 .

25
Button v. Drakegreen
kyctapphigh · 1946 · cited in 2 Kentucky opinions naming this issue, 2015–2017
2 sentences

2017Id. at 325-26 citing Button v. Drake, 302 Ky. 517 , 195 S.W.2d 66, 69 (1946).

2017Id. at 325-26 citing Button v. Drake, 302 Ky. 517 , 195 S.W.2d 66, 69 (1946).

22
Pete v. Andersongreen
ky · 2013 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023See Pete, 413 S.W.3d at 300 (citing Ping v. Beverly Enters., Inc., 376 S.W.3d 581 , 598–99 (Ky. 2012)) (“[A] survival action is derivative of a personal injury claim which belongs to the estate.”) The replacement of a nominal party, such as a personal representative, regardless of reason, does not trigger a requirement for revival of the claim, as there has not been a change to the real party in interest to the claim.

11
Branham v. Kentucky Bar Ass'ngreen
ky · 2012 · cited in 1 Kentucky opinions naming this issue, 2015–2015
1 sentence

2015See Branham v. Kentucky Bar Ass'n, 437 S.W.3d 135, 136 (Ky. 2012) (attorney disbarred following conviction for failing to make the required disposition of funds to his clients and converting those funds to his own use); Kentucky Bar Ass'n v. Klapheke, 203 S.W.3d 135 (Ky. 2006) (holding disbarment was the appropriate sanction for attorney who failed to submit proceeds from the settlement of a personal injury claim to client, failed to pay medical bills from those proceeds, and failed to respond to disciplinary proceedings).

11
In Re Labatt Food Service, L.P.green
tex · 2009 · cited in 1 Kentucky opinions naming this issue, 2012–2012
2 sentences

2012See, e.g., In re Labatt Food Service, L.P., 279 S.W.3d 640 (Tex.2009) (derivative); Peters v. Columbus Steel Castings Co., 115 Ohio St.3d 134 , 873 N.E.2d 1258 (2007) (independent).

2012Labatt, 279 S.W.3d 640 ; Ballard v. Southwest Detroit Hospital, 119 Mich.App. 814 , 327 N.W.2d 370 (1982).

11
Robinson v. Hardawaygreen
kyctapphigh · 1943 · cited in 1 Kentucky opinions naming this issue, 2005–2005
2 sentences

2005See Robinson, 293 Ky. 627 , 169 S.W.2d 823 .

2005See Robinson, 293 Ky. 627 , 169 S.W.2d 823 .

11
Million v. Raymergreen
ky · 2004 · cited in 1 Kentucky opinions naming this issue, 2005–2005
1 sentence

2005See, e.g., Million v. Raymer, 139 S.W.3d 914, 919 (Ky.2004).

11
Mitchell v. Transamerica Insurance Co.green
kyctapp · 1977 · cited in 1 Kentucky opinions naming this issue, 2005–2005
1 sentence

2005See, e.g., Mitchell v. Transamerica Insurance Co., 551 S.W.2d 586 (Ky.App.1977) (holding that Appellants, who settled a personal injury claim filed in federal court in Indiana, failed to establish any damages in a malpractice claim against their original attorney who had earlier let the Kentucky statute of limitations expire on this personal injury claim because they could not show that they received less damages than if they had been allowed to pursue their claim in a Kentucky court).

11
Alderman v. Bradleygreen
kyctapp · 1997 · cited in 1 Kentucky opinions naming this issue, 2005–2005
1 sentence

2005See Alderman v. Bradley, 957 S.W.2d 264, 267 (Ky.App.1997) (“KRS 446.070 was enacted to ensure that a person for whose benefit a statute was enacted may recover from an offender although the statute does not prescribe a civil remedy for violation.”). 4 As discussed above, Toche’s claim is a basic personal injury claim under common law.

11
Department of Education v. Blevinsgreen
ky · 1986 · cited in 1 Kentucky opinions naming this issue, 1995–1995
2 sentences

1995See Department of Education v. Blevins, Ky., 707 S.W.2d 782 (1986). 2) As to the personal injury claim of Phillip Wade Adams, the surviving child’s loss of the enjoyment of life (so-called “hedonic damages”), in Kentucky this loss is recoverable within the concept of “mental suffering,” and may be so argued to the jury.

1995See Department of Education v. Blevins, Ky., 707 S.W.2d 782 (1986). 2) As to the personal injury claim of Phillip Wade Adams, the surviving child's loss of the enjoyment of life (so-called "hedonic damages"), in Kentucky this loss is recoverable within the concept of "mental suffering," and may be so argued to the jury.

11
ATHERTON CONDO APARTMENT-OWNERS ASS'N BD OF DIRECTORS v. Blume Dev. Co.green
wash · 1990 · cited in 1 Kentucky opinions naming this issue, 1994–1994
2 sentences

1994See Atherton Condominium, Apartment-Owners Association Board of Directors v. Blume Development Company, 115 Wash.2d 506 , 799 P.2d 250 (1990).” KRS 446.070 elevates proof of violation of statutory standards to the status of negligence per se, by stating: “A person injured by the violation of any statute may recover from the offender such damages as he sustained by reason of the violation, although a penalty or forfeiture is imposed for such violation.” The interrelationship between the statutory standard and KRS 446.070 is illustrated by Grayson Fraternal Order of Eagles v. Claywell, Ky., 736

1994See Atherton Condominium, Apartment-Owners Association Board of Directors v. Blume Development Company, 115 Wash.2d 506 , 799 P.2d 250 (1990).” KRS 446.070 elevates proof of violation of statutory standards to the status of negligence per se, by stating: “A person injured by the violation of any statute may recover from the offender such damages as he sustained by reason of the violation, although a penalty or forfeiture is imposed for such violation.” The interrelationship between the statutory standard and KRS 446.070 is illustrated by Grayson Fraternal Order of Eagles v. Claywell, Ky., 736

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Goff v. Justicegreen
kyctapp · 2002 · cited in 1 Kentucky opinions naming this issue, 2005–2005
1 sentence

2005But see, e.g., Goff v. Justice, 120 S.W.3d 716 (Ky.App.2002) (holding that ultimate settlement of Appellants' medical malpractice claim after attorney's withdrawal from action did not bar Appellants’ legal malpractice claim against attorney where the attorney’s allegedly negligent actions had resulted in court orders severely limiting the clients’ presentation of expert witness testimony and had resulted in the dismissal of two defendants from the medical malpractice case).

11

Also cited on this issue (27)

CaseCitedYears
Kentucky Bar Ass'n v. Klapheke neutral
ky · 2006
2 sentences

2015See Branham v. Kentucky Bar Ass'n, 437 S.W.3d 135, 136 (Ky. 2012) (attorney disbarred following conviction for failing to make the required disposition of funds to his clients and converting those funds to his own use); Kentucky Bar Ass'n v. Klapheke, 203 S.W.3d 135 (Ky. 2006) (holding disbarment was the appropriate sanction for attorney who failed to submit proceeds from the settlement of a personal injury claim to client, failed to pay medical bills from those proceeds, and failed to respond to disciplinary proceedings).

2015See Branham v. Kentucky Bar Ass’n, 487 S.W.3d 135, 136 (Ky.2012) (attorney disbarred following conviction for failing to make the required disposition of funds to his clients and converting those funds to his own use); Kentucky Bar Ass’n v. Klapheke, 203 S.W.3d 135 (Ky.2006) (holding disbarment was the appropriate sanction for attorney who failed to submit proceeds from the settlement of a personal injury claim to client, failed to pay medical bills from those proceeds, and failed to respond to disciplinary proceedings).

22015–2015
Wimsatt v. Haydon Oil Company green
kyctapphigh · 1967
2 sentences

1983Clay, Ky.Prac.3rd Ed. Civil Rule 15.03.” The opinion in Perkins cites an earlier case, Wimsatt v. Haydon Oil Co., Ky., 414 S.W.2d 908 (1967), in which we held that a claim that asserted a cause of action only for wrongful death of the wife and property damage to the husband’s automobile could be amended to present an additional claim for personal injuries to the husband from the same accident, even though the husband’s personal injury claim would have been otherwise barred by the statute of limitations.

1983Clay, Ky.Prac.3rd Ed. Civil Rule 15.03." The opinion in Perkins cites an earlier case, Wimsatt v. Haydon Oil Co., Ky., 414 S.W.2d 908 (1967), in which we held that a claim that asserted a cause of action only for wrongful death of the wife and property damage to the husband's automobile could be amended to present an additional claim for personal injuries to the husband from the same accident, even though the husband's personal injury claim would have been otherwise barred by the statute of limitations.

21978–1983
Troxell v. Trammell green
ky · 1987
1 sentence

2023KRS 413.140(1)(a) in the present situation where the cause of action is both a motor vehicle accident and a personal injury claim.” 730 S.W.2d at 528 .

12023–2023
Toche v. American Watercraft Ass'n green
kyctapp · 2005
2 sentences

2022Toche’s claim is still a basic personal injury claim under common law.” Id. at 698 .

2022Toche’s claim is a basic personal injury claim under common law.” Id. (citation and footnote omitted).

12022–2022
Baker v. Motorists Insurance Companies green
ky · 1985
2 sentences

2022Id. at 416 . -8- directly or indirectly, we agree with the trial court that a reasonable fee is no fee.” Id. at 417 .

2022Id. at 416 . -8- directly or indirectly, we agree with the trial court that a reasonable fee is no fee.” Id. at 417 .

12022–2022
Son v. Kentucky Bar Ass'n green
ky · 2013
1 sentence

2017In Son , Son negotiated a $100,000 settlement for a client in a personal injury claim. 398 S.W.3d at 433 .

12017–2017
Extendicare Homes, Inc. v. Whisman green
ky · 2015
1 sentence

2017As to our construction of the power to máke contracts “in relation to both real and personal property,” we explicitly recognized that “a personal injury claim is a chose-in-action, and therefore constitutes personal property.” Id. at 325-326 .

12017–2017
Commonwealth v. Kentucky Distilleries & Warehouse Co. green
kyctapp · 1911
1 sentence

2017Id. at 325-26 citing Button v. Drake, 302 Ky. 517 , 195 S.W.2d 66, 69 (1946).

12017–2017
Weakley v. Weakley green
ky · 1987
1 sentence

2014In Weakley v. Weakley, 731 S.W.2d 243 (Ky.1987), the issue involved the character of settlement proceeds from a personal injury claim based upon an automobile accident occurring during the marriage.

12014–2014
Peters v. Columbus Steel Castings Co. green
ohio · 2007
2 sentences

2012See, e.g., In re Labatt Food Service, L.P., 279 S.W.3d 640 (Tex.2009) (derivative); Peters v. Columbus Steel Castings Co., 115 Ohio St.3d 134 , 873 N.E.2d 1258 (2007) (independent).

2012See, e.g., In re Labatt Food Service, L.P., 279 S.W.3d 640 (Tex.2009) (derivative); Peters v. Columbus Steel Castings Co., 115 Ohio St.3d 134 , 873 N.E.2d 1258 (2007) (independent).

12012–2012
Ballard v. Southwest Detroit Hospital green
michctapp · 1982
2 sentences

2012Labatt, 279 S.W.3d 640 ; Ballard v. Southwest Detroit Hospital, 119 Mich.App. 814 , 327 N.W.2d 370 (1982).

2012Labatt, 279 S.W.3d 640 ; Ballard v. Southwest Detroit Hospital, 119 Mich.App. 814 , 327 N.W.2d 370 (1982).

12012–2012
Kentucky Bar Ass'n v. Howard neutral
ky · 1995
1 sentence

2003Kentucky Bar Association v. Howard, Ky., 899 S.W.2d 91 (1995).

12003–2003
Seaboard Fire & Marine Insurance Co. v. DeMarsh neutral
kyctapp · 1974
2 sentences

1999Co. v. DeMarsh, supra , in which the owner of the insured vehicle, who was the named insured of the policy, was held entitled to a summary judgment with respect to a personal injury claim arising out of the negligent operation of the vehicle by another who was neither his agent nor his employee; and Preferred Risk Mut.

1999Co. v. DeMarsh, supra, in which the owner of the insured vehicle, who was the named insured of the policy, was held entitled to a summary judgment with respect to a personal injury claim arising out of the negligent operation of the vehicle by another who was neither his agent nor his employee; and Preferred Risk Mut.

11999–1999
Ludwig v. Johnson green
kyctapphigh · 1932
2 sentences

1995Board, 161 Ky. 562 , 170 S.W. 1166 (1914) and Ludwig v. Johnson, 243 Ky. 533 , 49 S.W.2d 347 (1932) to Perkins v. Northeastern Log Homes, Ky., 808 S.W.2d 809 (1991).

1995Board, 161 Ky. 562 , 170 S.W. 1166 (1914) and Ludwig v. Johnson, 243 Ky. 533 , 49 S.W.2d 347 (1932) to Perkins v. Northeastern Log Homes, Ky., 808 S.W.2d 809 (1991).

11995–1995
Perkins v. Northeastern Log Homes green
ky · 1991
1 sentence

1995Board, 161 Ky. 562 , 170 S.W. 1166 (1914) and Ludwig v. Johnson, 243 Ky. 533 , 49 S.W.2d 347 (1932) to Perkins v. Northeastern Log Homes, Ky., 808 S.W.2d 809 (1991).

11995–1995
Kentucky State Journal Co. v. Workmen's Compensation Board green
kyctapp · 1914
2 sentences

1995Board, 161 Ky. 562 , 170 S.W. 1166 (1914) and Ludwig v. Johnson, 243 Ky. 533 , 49 S.W.2d 347 (1932) to Perkins v. Northeastern Log Homes, Ky., 808 S.W.2d 809 (1991).

1995Board, 161 Ky. 562 , 170 S.W. 1166 (1914) and Ludwig v. Johnson, 243 Ky. 533 , 49 S.W.2d 347 (1932) to Perkins v. Northeastern Log Homes, Ky., 808 S.W.2d 809 (1991).

11995–1995
Grayson Fraternal Order of Eagles, Aerie No. 3738, Inc. v. Claywell red
ky · 1987
1 sentence

1994See Atherton Condominium, Apartment-Owners Association Board of Directors v. Blume Development Company, 115 Wash.2d 506 , 799 P.2d 250 (1990).” KRS 446.070 elevates proof of violation of statutory standards to the status of negligence per se, by stating: “A person injured by the violation of any statute may recover from the offender such damages as he sustained by reason of the violation, although a penalty or forfeiture is imposed for such violation.” The interrelationship between the statutory standard and KRS 446.070 is illustrated by Grayson Fraternal Order of Eagles v. Claywell, Ky., 736

11994–1994
Farm Family Mutual Insurance v. Nass green
nysupct · 1984
11992–1992
Farm Family Mutual Insurance v. Nass green
nyappdiv · 1986
2 sentences

1992A New York Supreme Court in Farm Family Mutual Insurance Company v. Nass, 126 Misc.2d 329 , 481 N.Y.S.2d 952 (1984), aff'd, 121 A.D.2d 498 , 503 N.Y.S.2d 820 (1986), held that the designation of a New York claims adjuster to settle a personal injury claim by a foreign insurer concerning an accident in New Jersey did not constitute “any other transaction of business” under Insurance Law sec. 59-a so as to warrant a New York court in exercising personal jurisdiction over the foreign insurer.

1992A New York Supreme Court in Farm Family Mutual Insurance Company v. Nass, 126 Misc.2d 329 , 481 N.Y.S.2d 952 (1984), aff'd, 121 A.D.2d 498 , 503 N.Y.S.2d 820 (1986), held that the designation of a New York claims adjuster to settle a personal injury claim by a foreign insurer concerning an accident in New Jersey did not constitute “any other transaction of business” under Insurance Law sec. 59-a so as to warrant a New York court in exercising personal jurisdiction over the foreign insurer.

11992–1992
Campbell v. Campbell green
ga · 1986
11987–1987
Galloway v. City of Winchester green
kyctapphigh · 1945
11975–1975
Reeves, Com'r of Revenue v. Deisenroth neutral
kyctapphigh · 1941
11975–1975
Johnson v. Zerbst green
scotus · 1938
11975–1975
Schmerber v. California green
scotus · 1966
11975–1975
Miranda v. Arizona green
scotus · 1966
11975–1975
Gullett v. McCormick green
kyctapphigh · 1967
11970–1970
Proctor Coal Co. v. Tye green
· 1906
11912–1912

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 411.130 (7) KY § Ky. Rev. Stat. § 411.140 (7) KY § Ky. Rev. Stat. § 413.140 (5) KY § Ky. Rev. Stat. § 304.39-060 (4) KY § Ky. Rev. Stat. § 304.39-230 (4) KY § Ky. Rev. Stat. § 446.070 (4) KY § Ky. Rev. Stat. § 304.39-010 (3) KY § Ky. Rev. Stat. § 395.040 (3) KY § Ky. Rev. Stat. § 395.195 (3) KY § Ky. Rev. Stat. § 413.120 (3) KY § Ky. Rev. Stat. § 413.130 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 114 (1979–2026) CA 86 (1953–2025) IL 82 (1912–2021) NY 76 (1962–2026) MO 62 (1967–2025) NJ 51 (1961–2025) PA 43 (1923–2026) OH 42 (1992–2025) FL 40 (1961–2026) GA 38 (1969–2024) IN 37 (1949–2026) MS 36 (1978–2026) LA 34 (1957–2020) KY 30 (1912–2025) CO 29 (1981–2025) AZ 29 (1967–2022) WA 28 (1988–2026) CT 25 (1973–2022) MN 25 (1917–2024) WI 23 (1964–2026) VA 22 (1962–2025) AL 22 (1961–2025) MD 22 (1986–2022) WV 21 (1986–2023) IA 19 (1980–2025) OR 18 (1970–2024) NC 18 (1984–2019) MA 16 (1983–2023) MI 16 (1966–2026) TN 15 (1913–2023) KS 14 (1972–2026) DE 12 (1985–2024) UT 11 (1983–2022) NE 10 (1989–2024) RI 10 (1972–2018) ND 10 (1989–2023) SC 10 (1971–2024) NM 9 (1975–2024) ME 9 (1984–2007) SD 8 (1975–2026) MT 7 (1984–2014) DC 6 (1982–2020) VT 5 (1998–2015) NH 4 (2007–2023) AR 4 (1988–2020) OK 4 (1972–2025) AK 3 (1991–2023) NV 3 (1996–2023) HI 2 (1987–2016) VI 2 (2009–2015) WY 2 (1998–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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