Commonwealth, Transportation Cabinet, Bureau of Highways v. Roof

Respectfully, I dissent from that portion of the majority opinion which holds that Roofs Board of Claims award of $100,000.00 must be reduced by the amount of basic reparation benefits received by Roof from her insurer. These collateral source benefits should be applied against the total damages sustained and not against the statutory limitation of liability.

KRS 44.070(1) provides in pertinent part:

A Board of Claims ... is created and vested with full power ... to compensate persons for damages sustained to either person or property ... [A]ny damage claim awarded shall be reduced by the…