<br><br>44.120 Conditions of awards. <br>An award shall be made only after consideration of the facts surrounding the matter in <br>controversy, and no award shall be made unless the board is of the opinion that the <br>damage claimed was caused by such negligence on the part of the Commonwealth or its <br>agents as would entitle claimant to a judgment in an action at law if the state were <br>amenable to such action. <br>History: Amended 1960 Ky. Acts ch. 25, sec. 6. -- Amended 1950 Ky. Acts ch. 50, <br>sec. 5. -- Created 1946 Ky. Acts ch. 189, sec. 2. <br>Formerly codified as KRS 176.340. <br><br>