Appellate Decision

  • Simms v. Estate of Blake 615 SW3d 14 (KY 2021): This case clarified when a parent can file a wrongful death action and inherit from their child. It is called Mandy Jo’s Law. When a parent willfully abandons their child, even though they pay child support, and do not have a significant interaction with the child, that parent is precluded from inheriting or receiving the parents share of the settlement proceeds. In other words, if the parent played a relatively non-existent role in their child’s life, the parent may not inherit the child’s estate.
  • Metlife v. Overstreet (2003); 103 SW 3d 31: In a matter of first impression before the Kentucky Supreme Court, the court ruled that the trial court has the discretion to order videotaping of defense medical examination of the plaintiff when good cause is shown.
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