Wrongful death statute – non-adopted stepchild not a beneficiary: Davis v. Johnson (COA 2/20/2009)

Davis v. Johnson
2007-CA-002394
02/20/2009
2009 WL 414008
Opinion by Senior Judge Buckingham; Judges Dixon and Nickell concurred.

The Court reversed a judgment of the circuit court that reversed a judgment of the district court finding that appellee could not recover a share of damages under Kentucky’s wrongful death statute.

The Court held that a decedent’s stepchild who was not legally adopted could not recover a share of the damages under KRS 441.130.