Prater v. Arnett

MILLER, Judge.

This is an appeal under Kentucky’s Wrongful Death Statute KRS 411.130. (Often referred to by the trial bar as the Campbell Statute, for reason that Lord Campbell’s Act passed in England in 1846, abrogated the Common Law rule that no action lay for the wrongful death of another). There were two jury verdicts. In the first trial, the jury fixed liability and damages at Twenty-Five Thousand ($25,000) Dollars. Upon plaintiff’s motion under CR 59.01, the trial judge set aside the damage portion and assigned the case for a second trial on damages only. The second trial ended in a jury…