Commonwealth, Department of Highways v. Stubblefield

MILLIKEN, Judge.

Clara Turner, an elderly woman, received serious injuries when she was struck from behind by a Department of Highways truck, January 15, 1957, while walking eastwardly on or near the center of State Highway No. 80 between Somerset and London. She died in May following while an inmate of the State Hospital near Danville. The Board of Claims denied recovery to her estate declaring (paraphrasing the governing statute, KRS 44.120) “That the damage claimed was not caused by such negligence on the part of the Commonwealth or its agents as would entitle claimant to a judgment in an…