Miller v. Brunch
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The Supreme Court reversed the ruling of the circuit court that Ky. Rev. Stat. 411.137 and Ky. Rev. Stat. 391.033, collectively known as Mandy Jo's Law, prevented Lawrence Miller from being awarded any of the settlement proceeds from the wrongful death action against the hospital where his stillborn daughter, Autumn, was born, holding that Mandy Jo's Law is not applicable when the child in question is stillborn.
After Autumn was born stillborn, her mother, Brittany Bunch, filed suit against the Hospital alleging wrongful death. Miller subsequently filed a motion to intervene. After DNA testing proved Miller's paternity, the trial court allowed Miller's motion to intervene. The Hospital, Bunch, and Miller reached a settlement, and Bunch argued that Miller should not be awarded any settlement proceeds in accordance with Mandy Jo's Law. The trial court agreed and granted judgment for Bunch. The Supreme Court reversed, holding that the legislature did not contemplate the application of Mandy Jo's law to the facts in this case.
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