There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 454 MISCELLANEOUS CIVIL PRACTICE PROVISIONS
454.455 Proof required for damages against tobacco growers and warehousemen -- Costs that may be awarded to prevailing defendant.
Download pdfagainst a tobacco grower, the plaintiff shall prove by clear and convincing evidence
that the tobacco that caused the alleged damage was planted, cultivated, and
harvested by that specific tobacco grower and not by any other person. (2) In a civil action against a warehouseman for damages alleged to have occurred as a result of use or consumption of tobacco products, in order for liability to be found
against a warehouseman, the plaintiff shall prove by clear and convincing evidence
that the tobacco that caused the alleged damage was sold by that specific
warehouseman and not by any other person. (3) If a suit against a tobacco grower or a warehouseman is dismissed or the defendant prevails at trial, the defendant may be entitled to three (3) times the entire costs of
defending the action, including but not limited to legal fees, expert witnesses, and
other expenses arising from the defense of the action. Effective: April 7, 1998
History: Created 1998 Ky. Acts ch. 422, sec. 3, effective April 7, 1998.
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