Barrett v. Pilot Travel Centers, LLC, No. 1:2008cv00159 - Document 20 (W.D. Ky. 2009)

Court Description: MEMORANDUM OPINION AND ORDER granting 16 Motion to Dismiss Punitive Damages Claim signed by Chief Judge Thomas B. Russell on 11/17/2009. cc: Counsel (LMW)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY BOWLING GREEN DIVISION CASE NO. 1:08-CV-159 BESSIE S. BARRETT PLAINTIFF v. PILOT TRAVEL CENTERS LLC DEFENDANT MEMORANDUM OPINION AND ORDER This matter is before the Court upon Defendant s Motion to Dismiss Punitive Damages Claim (Docket #16). Plaintiff has responded (Docket #17). Defendant has replied (Docket #19). The Court being sufficiently advised, Defendant s motion is GRANTED. Plaintiff filed her employment discrimination case under the Kentucky Civil Rights Act, Ky. Rev. Stat. Ann. § 344.010 et seq. In her complaint, Plaintiff requests punitive damages. Defendant asserts that punitive damages are not available under the Kentucky Civil Rights Act. Plaintiff does not refute Defendant s argument, but instead asserts that intentional acts in employment discrimination cases are comparable to other torts in which punitive damages are allowed. Under the Kentucky Civil Rights Act, a claimant may recover the actual damages sustained, together with the costs of the law suit. Ky. Rev. Stat. Ann. § 344.450. The Kentucky Supreme Court has held that punitive damages are not available under the Kentucky Civil Rights Act. Childers Oil Co. v. Adkins, 256 S.W.3d 19, 27 (Ky. 2008); Kentucky Dep t of Corr. v. McCullough, 123 S.W.3d 130, 138 (Ky. 2003) ( Actual damages are compensatory in nature and, as such, do not include punitive damages. ). Therefore, Plaintiff s punitive damages claim must be dismissed. For the foregoing reasons, IT IS HEREBY ORDERED that Defendant s Motion to Dismiss Punitive Damages Claim is GRANTED. November 17, 2009 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.