Boarman v. Commonwealth

37 S.W.3d 759, 2001 Ky. LEXIS 22, 2001 WL 175221
CourtKentucky Supreme Court
DecidedFebruary 22, 2001
DocketNo. 1999-SC-0233-DG
StatusPublished
Cited by4 cases

This text of 37 S.W.3d 759 (Boarman v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boarman v. Commonwealth, 37 S.W.3d 759, 2001 Ky. LEXIS 22, 2001 WL 175221 (Ky. 2001).

Opinions

STUMBO, Justice.

Danny Boarman, (hereinafter “Decedent” or “Danny”), was driving over a bridge in Ohio County, Kentucky, on the evening of May 21, 1995, when his vehicle was side-swiped by a trailer being pulled by Patrick H. Ammon (hereinafter “Am-mon”). As a result, Danny lost control of his car and collided with another, vehicle driven by Roger Barnett (hereinafter “Barnett”), who had been following Am-mon. The undisputed facts show that the bridge over which Danny, Ammon, and Barnett were driving was only nineteen feet wide, more narrow than the roadway. There were no reflectors or warning signs alerting drivers to the narrowing of the bridge. Danny died nine days later from injuries sustained in this accident. He was survived by his wife, Lora (hereinafter “Lora” or “Appellant”), and a daughter, McKallen.

Shortly after his death, Lora was appointed administratrix of Danny’s estate. In her capacity as administratrix, she filed a wrongful death action in the Board of Claims (hereinafter “the Board”) against the Appellees, Commonwealth of Kentucky, Transportation Cabinet, Depart[761]*761ment of Highways (hereinafter “the Cabinet”). She asserted that the Cabinet was at fault because the bridge was too narrow and the Cabinet failed to warn drivers of this danger. She asked for $4,262.00 for Danny’s funeral expenses, and $1,000,000.00 for the destruction of Danny’s power to earn money.

The Cabinet filed a motion to dismiss her claim on the grounds that Lora received collateral source payments, which offset any recovery in the Board of Claims, in excess of the statutory maximum amount recoverable from the Cabinet. KRS 44.070(5) provides a limited waiver of sovereign immunity for the Cabinet, but caps any recovery at $100,000.00. Further, any collateral source payments are to be deducted from the recovery from the Cabinet pursuant to KRS 44.070(1), which reads in pertinent part:

[A]ny damage claim awarded shall be reduced by the amount of payments received or right to receive payment from workers’ compensation insurance, social security programs, unemployment insurance programs, medical, disability or life insurance programs, or other federal or state or private program designed to supplement income or pay claimant’s expenses or damages incurred.

The collateral source payments received by Lora, as set out in the Appellant’s brief, are as follows:

(1) $25,000 was paid to Lora, as admin-istratrix of Danny’s estate, by OMNI Insurance Company to settle the estate’s claim against Barnett, OMNI’s insured.
(2) $25,000.00 was paid to Lora, as ad-ministratrix of Danny’s estate, by Allstate Insurance Company to settle the estate’s claim against Am-mon.
(3) Blue Cross Blue Shield of Kentucky paid medical bills resulting from treatment of Danny totaling $61,467.23.
(4) Grange Mutual Casualty Company, Danny’s no-fault insurance carrier, paid Lora, as administratrix of Danny’s estate, $10,000.00 in basic reparation benefits. $1,000.00 of this amount was designated for funeral expenses, and the remaining $9,000.00 was compensation for “survivor’s replacement loss” as defined in KRS 304.39-020(5)(e).
(5) Lora, individually, received proceeds from a life insurance policy on Danny in the amount of $100,000.00. Lora obtained this policy through her employer, General Electric Company.

Without a hearing, the Board summarily dismissed Lora’s claim on the basis that the collateral source payments exceeded the maximum statutory award, but did not enumerate which payments it considered as setoffs. The Ohio Circuit Court affirmed the Board, stating that all collateral source payments could be used as setoffs, except for the settlements from the tortfeasors, Barnett and Ammon.1 The Court of Appeals, in affirming the circuit court, also found that Lora could not recover from the Cabinet because her collateral payments exceeded the maximum amount recoverable. The Court of Appeals, however, based its opinion merely on the life insurance alone, holding that since the life insurance payment in itself was $100,000.00 and the maximum recoverable from the Cabinet was $100,000.00, there was no need to consider the other payments. We granted discretionary review, and now reverse in part and affirm in part.

I. LIFE INSURANCE PROCEEDS

In an effort to determine whether the life insurance proceeds given to Lora, individually, should offset the amount re[762]*762covered from the Cabinet, we first need to determine to whom does the word “claimant” refer in KRS 44.070(5). The Appellant argues that “claimant” refers to her as administratrix of her husband’s estate, not herself individually. The life insurance policy at question was bought through her place of employment, and she, personally, was the beneficiary — not her husband’s estate. The Cabinet counters that this is a legal distinction without a difference, and proceeds paid from the policy are the same as those damages which she, as Adminis-tratrix, could recover for herself in the wrongful death action.

We believe, however, that this distinction is a large and important one. Appellant maintains that her capacity as admin-istratrix is completely separate from her role as an individual and widow of Danny. She illustrates the difference by analogizing the situation where a bank, friend, or attorney could have been appointed administrator of the estate, or, on the other hand, Danny’s employer or some other interested party could have been the beneficiary of the life insurance policy. If this were the case, there would be no question that the life insurance was not a collateral source payment. It makes no difference that, in this case, Lora Boarman happens to assume both duties. We find that the “claimant,” as it is referred to in the statute, is Lora in her capacity as administra-trix. As a result, we find that where the life insurance beneficiary is not the estate, but the widow individually, it is not proper to offset the recovery from the Cabinet.

II. MEDICAL EXPENSES

Appellant maintains that because she did not bring a claim for personal injury against the Cabinet, her medical expenses should not be offset from her recovery. She argues that the damages associated with personal injuries, i.e, the medical expenses, are not the “damages incurred” in a wrongful death action. Appellant urges that she has “recovered” once for the medical expenses, and therefore did not choose to bring a claim for them. Since the intent of KRS 44.070(1) is to prevent double recovery, the damages recovered for personal injuries should not be offset from the damages in her wrongful death action.

The Cabinet argues that KRS 44.070(1) does not make a distinction with regard to reductions where a claim has, or has not, been made.

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Bluebook (online)
37 S.W.3d 759, 2001 Ky. LEXIS 22, 2001 WL 175221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boarman-v-commonwealth-ky-2001.