In July of 2013, the United States District Court for the Eastern District of Kentucky decided a case that involved a Kentucky fatal car accident. (See Hengel v. Buffalo Wild Wings, Inc., 2013 WL 3970154 (E.D. Ky 2013)). The fatal Kentucky car accident occurred on October 10, 2010 in the early morning hours. The driver of the car left the defendants’ establishment after drinking alcohol. He tried to cross the railroad tracks and was struck by a northbound train. He died at the scene.
The parents brought this dram shop lawsuit against the establishment that served him alcohol right before the Kentucky car accident. The attorney for the parents of the deceased son brought many claims against the defendants.
The defendants argue at this time that there is no genuine issue of material fact regarding plaintiff’s damage claim for physical pain and mental anguish in the past. Id. “Under Kentucky law, damages for pain and suffering are not proper in cases in which a decedent remained unconscious from the time of injury until the time of death.” (cites omitted). “Damages for pain and suffering may be awarded, however, if the injured person was partly conscious, had intervals of consciousness, or was conscious for a short time before death.” (cites omitted). In the case at hand, plaintiff’s Kentucky fatal car accident lawyer was not able to produce any evidence that the deceased experienced some degree of pain, suffering, or mental anguish before he died. Thus, summary judgment on this issue was granted. Id.
The next big issue in this Kentucky fatal car accident case had to do with monetary damages and what could be recovered and what could not and who could recover and who could not. The parties agree that “under Kentucky law the plaintiffs’ damages should include the loss of the estate, measured by the loss of the power to earn money, and funeral expenses.” (cites omitted).
If you have been the subject of a Kentucky fatal car accident case, please call and speak to a Kentucky fatal car accident lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
If you are injured…Ask Andrew!!!