Luttrell v. Wood

STUMBO, Justice.

The issue presented is whether basic reparation benefits (BRB’s) paid as survivor’s replacement services loss benefits pursuant to KRS 304.39-020(5)(e) should be credited against an award for wrongful death. KRS 411.130. Put differently, are survivor’s replacement services loss benefits a recoverable element of damages in a wrongful death action? We find that they are not, and deny the credit.

The facts giving rise to this appeal are these: On April 18, 1990, Paul Luttrell and Pamela Wood died of carbon monoxide poisoning while occupying an automobile owned by Luttrell.…