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Home / Opinion Digests / Kentucky settlement bars action for same injury (access required)

Kentucky settlement bars action for same injury (access required)

Plaintiff estate’s settlement of a Kentucky personal injury claim precludes Virginia litigation to recover for the same injury Even though Kentucky law allows recovery under both person injury and wrongful death theories, Virginia law only allows one recovery for the same injury. A defense motion to dismiss plaintiff’s wrongful death suit is granted. Background Plaintiff Green’s estate alleged that ...