Legal Opinion · Dissent

Bowling v. Brunk

Court of Appeals of Kentucky

Decided December 13, 1963Published

1DissentMontgomery, Judge

Under the authority of Commercial Carriers, Inc. v. Matracia, Ky., 311 S.W.2d 565, and Turner v. Johnson, Ky., 333 S.W.2d 749, and the cases cited therein, I am compelled to dissent. I feel that the evidence is insufficient to sustain the award of $5,000 damages for pain and suffering. The case should be reversed on this issue only for retrial by the lower court.

2Cases cited2 opinions

  1. Commercial Carriers, Inc. v. MatraciaCourt of Appeals of Kentucky (pre-1976) · 1958
  2. Turner v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1960