Election of Remedies In Kentucky
Speck v. Bowling, Ky. App., 892 S.W.2d 309 (1995) involved the doctrine of election of remedies. Bowling was injured in an automobile accident when his automobile was struck by an automobile driven by Speck, a state trooper. Id. at 310-11.
Bowling initially filed a claim against the Commonwealth before the Board of Claims, but that complaint was abandoned. Id. at 311.
He then filed a civil action against Speck in the Clay Circuit Court. Id. A panel of this court stated that Bowling had alternative remedies in seeking damages in the Board of Claims or seeking damages in circuit court by way of a tort action. Id.
The court rejected Speck's election of remedies argument and held that Bowling could pursue his circuit court action even though he had previously filed and abandoned a Board of Claims action. Id.
In short, under Kentucky law the doctrine of election of remedies "means that when a person has at his disposal two modes of redress, which are contradictory and inconsistent with each other, his deliberate and settled choice and pursuit of one will preclude his later choice and pursuit of the other." Collings v. Scheen, Ky., 415 S.W.2d 589, 591 (1967).