Schroader v. Atkins

VANCE, Justice.

The sole question on appeal is whether one who has accepted the provisions of the Motor Vehicle Reparation Act, who is neither an owner, operator, maintainer, or user (as that term is defined by statute) of an automobile, is precluded from recovering damages in tort for pain, suffering, mental anguish and inconvenience by reason of K.R.S. 304.39-060(2)(b) and (c).

Respondent, a passenger in a motor vehicle operated by Roberta R. Trabue, was injured when the car collided with a vehicle operated by Movant, Schroader. Respondent’s claimed medical expenses did not exceed $1,000.00,…