Hunsaker v. Commonwealth, Department of Transportation

Dissenting Opinion by

Justice SCOTT.

I must respectfully dissent from the majority opinion herein for three reasons. First, the opinion is premised upon moral grounds that greed justifies punishment. Yet, I find no evidence of greed in the record; just a defense by two daughters of their mother, Mildred Hunsaker’s (Mil*71dred), right to the commissioners’ award of $656,782.50, which the record implies the mother had already spent.1 Secondly, the majority believes the daughters, Betty Hunsaker (Betty) and Peggy Greer (Peggy), were hoping to collect a judgment in excess of the commissioners’ award…