Commonwealth Transportation Cabinet Department of Highways v. Shadrick

GRAVES, Justice.

This is a review of a Court of Appeals decision which reversed an order of the Floyd Circuit Court dismissing Kenneth Sha-drick’s petition for review of a decision by the Board of Claims (“Board”). Shadrick had filed a wrongful death claim in his individual capacity and as administrator of the estates of his wife, Angela Shadrick, and his unborn child, Baby Shadrick, as a result of their deaths in an automobile accident. The claim was premised upon the failure of the Commonwealth of Kentucky Transportation Cabinet, Department of Highways (“Department”), to effectuate the…