Carta v. Dale

Our opinion holds that the “effect of [KRS 304.39-06Q(2)(a) ] is to abolish the claims for lost wages and medical expenses of a person injured in an automobile accident against the person who caused the injury to the extent that basic reparations are payable therefor.”

As an inevitable consequence of our decision trial courts will be confronted with deciding what to do when evidence of lost wages and medical expenses of a person injured in an automobile accident is offered, not to prove special damages, but because it raises a legitimate inference as to pain and suffering caused by the…