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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.
| Case | Followed | Cited |
|---|---|---|
Ping v. Beverly Enterprises, Inc.green2 sentences2025We 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 . | 2 | 5 |
Button v. Drakegreen2 sentences2017Id. 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). | 2 | 2 |
Pete v. Andersongreen1 sentence2023See 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. | 1 | 1 |
Branham v. Kentucky Bar Ass'ngreen1 sentence2015See 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). | 1 | 1 |
In Re Labatt Food Service, L.P.green2 sentences2012See, 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). | 1 | 1 |
Robinson v. Hardawaygreen2 sentences2005See Robinson, 293 Ky. 627 , 169 S.W.2d 823 . 2005See Robinson, 293 Ky. 627 , 169 S.W.2d 823 . | 1 | 1 |
Million v. Raymergreen1 sentence2005See, e.g., Million v. Raymer, 139 S.W.3d 914, 919 (Ky.2004). | 1 | 1 |
Mitchell v. Transamerica Insurance Co.green1 sentence2005See, 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). | 1 | 1 |
Alderman v. Bradleygreen1 sentence2005See 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. | 1 | 1 |
Department of Education v. Blevinsgreen2 sentences1995See 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. | 1 | 1 |
ATHERTON CONDO APARTMENT-OWNERS ASS'N BD OF DIRECTORS v. Blume Dev. Co.green2 sentences1994See 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 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Goff v. Justicegreen1 sentence2005But 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). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Kentucky Bar Ass'n v. Klapheke
neutral
2 sentences2015See 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). | 2 | 2015–2015 |
Wimsatt v. Haydon Oil Company
green
2 sentences1983Clay, 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. | 2 | 1978–1983 |
Troxell v. Trammell
green
1 sentence2023KRS 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 . | 1 | 2023–2023 |
Toche v. American Watercraft Ass'n
green
2 sentences2022Toche’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). | 1 | 2022–2022 |
Baker v. Motorists Insurance Companies
green
2 sentences2022Id. 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 . | 1 | 2022–2022 |
Son v. Kentucky Bar Ass'n
green
1 sentence2017In Son , Son negotiated a $100,000 settlement for a client in a personal injury claim. 398 S.W.3d at 433 . | 1 | 2017–2017 |
Extendicare Homes, Inc. v. Whisman
green
1 sentence2017As 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 . | 1 | 2017–2017 |
Commonwealth v. Kentucky Distilleries & Warehouse Co.
green
1 sentence2017Id. at 325-26 citing Button v. Drake, 302 Ky. 517 , 195 S.W.2d 66, 69 (1946). | 1 | 2017–2017 |
Weakley v. Weakley
green
1 sentence2014In 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. | 1 | 2014–2014 |
Peters v. Columbus Steel Castings Co.
green
2 sentences2012See, 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). | 1 | 2012–2012 |
Ballard v. Southwest Detroit Hospital
green
2 sentences2012Labatt, 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). | 1 | 2012–2012 |
Kentucky Bar Ass'n v. Howard
neutral
1 sentence2003Kentucky Bar Association v. Howard, Ky., 899 S.W.2d 91 (1995). | 1 | 2003–2003 |
Seaboard Fire & Marine Insurance Co. v. DeMarsh
neutral
2 sentences1999Co. 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. | 1 | 1999–1999 |
Ludwig v. Johnson
green
2 sentences1995Board, 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). | 1 | 1995–1995 |
Perkins v. Northeastern Log Homes
green
1 sentence1995Board, 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). | 1 | 1995–1995 |
Kentucky State Journal Co. v. Workmen's Compensation Board
green
2 sentences1995Board, 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). | 1 | 1995–1995 |
Grayson Fraternal Order of Eagles, Aerie No. 3738, Inc. v. Claywell
red
1 sentence1994See 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 | 1 | 1994–1994 |
| Farm Family Mutual Insurance v. Nass green | 1 | 1992–1992 |
Farm Family Mutual Insurance v. Nass
green
2 sentences1992A 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. | 1 | 1992–1992 |
| Campbell v. Campbell green | 1 | 1987–1987 |
| Galloway v. City of Winchester green | 1 | 1975–1975 |
| Reeves, Com'r of Revenue v. Deisenroth neutral | 1 | 1975–1975 |
| Johnson v. Zerbst green | 1 | 1975–1975 |
| Schmerber v. California green | 1 | 1975–1975 |
| Miranda v. Arizona green | 1 | 1975–1975 |
| Gullett v. McCormick green | 1 | 1970–1970 |
| Proctor Coal Co. v. Tye green | 1 | 1912–1912 |
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.
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.