State Farm Mutual Automobile Insurance v. Beard

COOPER, Judge.

This is an appeal from a portion of a judgment allowing the appellee-Klapheke an attorney’s fee under KRS 304.39-070(5). At issue is whether the trial court erred, as a matter of law, in so acting given the language of the statute. On review, we reverse and remand.

The facts relative to this action are as follows: In April of 1980, the appellee, Donna Jo Beard, filed an action against the appellant, Timothy Puckett, and Danny Cherry for personal injuries she sustained as a result of a motor vehicle accident on May 27,1979. KRS 304.39-060. Beard was represented by the co-appellee,…