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Legal Opinion

Brooks v. Burkeen

Kentucky Supreme Court

Decided April 1, 1977PublishedCited by 15 opinions

1Opinion of the Court

LUKOWSKY, Justice.

The question presented for decision by these consolidated appeals is whether the following claims can withstand a motion to dismiss. CR 12.02. The trial judges answered the question in the negative and we agree.

I

Seretha Childers is the widow of Luegean Childers who died on September 23, 1974, of asphyxiation while he was at work and in the process of cleaning out a furnace. The death allegedly occurred as a result of the negligence of his employer and its foreman. Seretha seeks recovery for loss of consortium.

This claim fails because it is well settled law that her recovery…

2Cases cited10 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. Eisenstadt v. BairdSupreme Court of the United States · 1972
  3. Planned Parenthood of Central Missouri v. DanforthSupreme Court of the United States · 1976
  4. Colley v. ColleyCourt of Appeals of Kentucky (pre-1976) · 1970
  5. Kotsiris v. LingCourt of Appeals of Kentucky (pre-1976) · 1970

5 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Clark v. Hauck Manufacturing Co.Kentucky Supreme Court · 1995
  2. Giuliani v. GuilerKentucky Supreme Court · 1997
  3. Holland v. Islamic Republic of IranDistrict Court, District of Columbia · 2005
  4. Martin v. Ohio County Hospital Corp.Kentucky Supreme Court · 2009
  5. Ledger v. TippittCalifornia Court of Appeal · 1985

10 more not listed; retrieve them via the Exa API.

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