Commonwealth, Crime Victims Comp. Bd. v. Miller, 607 S.W.2d 424 (Ky. 1980)

Cases | Commonwealth, Crime Victims Comp. Bd. v. Miller, 607 S.W.2d 424 (Ky. 1980) | 2018

The defendant drove while intoxicated and struck two children, resulting in their deaths. The fathers of the victims filed claims with the crime victims compensation board. The claims were denied on the basis that they arose out of the operation of a motor vehicle and were thus excluded from the definition of “criminally injurious conduct” in Ky. Rev. Stat. Ann. § 346.020. The claimants appealed to circuit court, which reversed the board’s decision. The board appealed and the appellate court affirmed. The supreme court reversed the decision of the appellate and circuit courts. The legislature intended to exclude compensation for crimes resulting from the operation of a motor vehicle, unless the injury or death was intentionally inflicted or the use of the motor vehicle was merely incidental to the commission of the act. The defendant was involved only in a motor vehicle crime prior to striking the minors. No recovery is possible where there is a single injury-producing impact and the only “criminal act” performed by an automobile driver prior to such impact is the operation of a motor vehicle in violation of law.

*possibly overruled by statute, see Ky. Rev. Stat. Ann. § 346.020(4).