Boarman v. Commonwealth

Respectfully, I must dissent.

I join the majority in their holding that the life insurance in this case should not be offset from Appellant’s recovery. I would go further, however, and also prevent the Cabinet from offsetting the medical expenses and the basic reparation benefits.

MEDICAL EXPENSES

As personal representative of Danny’s estate, Lora had a choice to bring either a wrongful death action, against the Cabinet, a personal injury action against the Cabinet, or both. She brought only a wrongful death action. In a wrongful death action, the damages recoverable are funeral expenses and…