Watts v. Laboratory Corp. of America

OPINION

KNOPF, Judge.

Felicia M. Watts, as executrix of the estate of Brent E. Watts, deceased, appeals from an order of the Warren Circuit Court denying the estate’s motion to impose a penalty on Laboratory Corporation of America pursuant to KRS 26A.300. We agree with the estate that the penalty is mandatory when a judgment has been superseded while an ultimately unsuccessful motion for discretionary review is pending, even if the judgment was satisfied before the motion was denied. Hence, we reverse the circuit court’s order and remand for entry of a judgment imposing the penalty.

The…