Davis v. Solomon

CourtUnited States State Supreme Court (Kentucky)
Citation276 S.W.2d 674
PartiesMignon DAVIS, Administratrix of the Estate of Stanley Davis, Deceased, Appellant, v. L. A. SOLOMON, formerly doing business as Rural Electric Service Company, Appellee.
Decision Date28 January 1955

Page 674

276 S.W.2d 674
Mignon DAVIS, Administratrix of the Estate of Stanley Davis,
Deceased, Appellant,
v.
L. A. SOLOMON, formerly doing business as Rural Electric
Service Company, Appellee.
Court of Appeals of Kentucky.
Jan. 28, 1955.
As Modified on Denial of Rehearing March 25, 1955.

Page 675

Waller, Threlkeld & Whitloe, William B. Byrd, Paducah, for appellant.

Lovett, Lovett & Lovett, John C. Lovett, Benton, for appellee.

CLAY, Commissioner.

This civil action was brought against an employer to recover damages for the death of an employee. The complaint was dismissed on defendant's motion for summary judgment.

For the purposes of this appeal the facts are not in dispute, and the question presented is one of law. That question is whether or not the acceptance of the provisions of the Workmen's Compensation Act by the employer and employee bars an action for wrongful death under KRS 411.130 by the employee's representative when the latter's death, occurring four years after an accident and resulting from a compensable injury, was the result of the employer's negligence in causing it.

On November 5, 1948, while the employee and the defendant were subject to the provisions of the Workmen's Compensation Act, the former suffered an injury arising out of and in the course of his employment. Subsequently the employee was paid compensation benefits and medical expenses. On April 3, 1953, more than four years after the accident, the employee died as a direct result of the original injury sustained. Suit was brought for wrongful death on the ground that it was caused by the negligence of the employer.

It is the contention of the plaintiff that the Workmen's Compensation Act does not authorize the recovery of compensation thereunder if the employee's death occurs more than two years after the accident. This contention is based on KRS 342.070, which provides for the payment of burial expenses and compensation to dependents 'If death should result within two years from an accident for which compensation is payable * * *.' The argument is then made that since the death of the employee was not compensable under the Act, the employee's representative has an independent cause of action under Section 241 of the Kentucky Constitution and KRS 411.130.

Page 676

At first blush this appears a plausible argument, but it ignores the purpose of and other provisions of the Workmen's Compensation law.

KRS 342.005(1) provides that the Workmen's Compensation...

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12 practice notes
  • Simmons v. Clark Const. Co.
    • United States
    • United States State Supreme Court (Kentucky)
    • March 29, 1968
    ...There is no conflict between those safety standard laws and the provisions of the Workmen's Compensation Act. In Davis v. Solomon, Ky., 276 S.W.2d 674 (1955), we 'It seems clear to us that in the event of an accident arising out of and in the course of employment, where the employer and emp......
  • Travelers Indem. Co. v. Reker, No. 2000-SC-0846-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • January 23, 2003
    ...Litton, Ky., 321 S.W.2d 243, 245 (1959); Commonwealth, Dept. of Hwys. v. Meyers, Ky., 307 S.W.2d 179, 181 (1957); Davis v. Solomon, Ky., 276 S.W.2d 674, 676 (1955); Standard Oil Co. v. Cheek, 278 Ky. 508, 128 S.W.2d 950, 951 (1939); Partin's Adm'r v. Black Mountain Corp., 237 Ky. 556, 36 S.......
  • Bryant v. Old Republic Insurance Company, No. 20190.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • October 2, 1970
    ...carrier. KRS 342.015; 342.055; 342.340; 342.360; 342.365; McEvilly v. L. E. Myers Co., 211 Ky. 31, 276 S.W. 1968; Davis v. Solomon, Ky., 276 S.W.2d 674; Miller v. Scott, Ky., 339 S.W.2d 941. As pointed out in Kotarski v. Aetna Casualty and Surety Co., 244 F.Supp. 547 (E.D.Mich.1965), affirm......
  • Zurich Ins. Co. v. Mitchell, Nos. 85-SC-643-D
    • United States
    • United States State Supreme Court (Kentucky)
    • June 12, 1986
    ...fact that the act does not provide for pain and suffering is also no basis upon which a cause of action may lie. Davis v. Solomon, Ky., 276 S.W.2d 674 Here Mitchell alleges two separate tort causes of action, outrageous conduct causing emotional distress and bad faith refusal to pay benefit......
  • Request a trial to view additional results
12 cases
  • Simmons v. Clark Const. Co.
    • United States
    • United States State Supreme Court (Kentucky)
    • March 29, 1968
    ...There is no conflict between those safety standard laws and the provisions of the Workmen's Compensation Act. In Davis v. Solomon, Ky., 276 S.W.2d 674 (1955), we 'It seems clear to us that in the event of an accident arising out of and in the course of employment, where the employer and emp......
  • Travelers Indem. Co. v. Reker, No. 2000-SC-0846-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • January 23, 2003
    ...Litton, Ky., 321 S.W.2d 243, 245 (1959); Commonwealth, Dept. of Hwys. v. Meyers, Ky., 307 S.W.2d 179, 181 (1957); Davis v. Solomon, Ky., 276 S.W.2d 674, 676 (1955); Standard Oil Co. v. Cheek, 278 Ky. 508, 128 S.W.2d 950, 951 (1939); Partin's Adm'r v. Black Mountain Corp., 237 Ky. 556, 36 S.......
  • Bryant v. Old Republic Insurance Company, No. 20190.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • October 2, 1970
    ...carrier. KRS 342.015; 342.055; 342.340; 342.360; 342.365; McEvilly v. L. E. Myers Co., 211 Ky. 31, 276 S.W. 1968; Davis v. Solomon, Ky., 276 S.W.2d 674; Miller v. Scott, Ky., 339 S.W.2d 941. As pointed out in Kotarski v. Aetna Casualty and Surety Co., 244 F.Supp. 547 (E.D.Mich.1965), affirm......
  • Zurich Ins. Co. v. Mitchell, Nos. 85-SC-643-D
    • United States
    • United States State Supreme Court (Kentucky)
    • June 12, 1986
    ...fact that the act does not provide for pain and suffering is also no basis upon which a cause of action may lie. Davis v. Solomon, Ky., 276 S.W.2d 674 Here Mitchell alleges two separate tort causes of action, outrageous conduct causing emotional distress and bad faith refusal to pay benefit......
  • Request a trial to view additional results

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