There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 411 RIGHTS OF ACTION AND SURVIVAL OF ACTIONS
411.184 Definitions -- Punitive damages -- Proof of punitive damages.
Download pdfinjury to the plaintiff. (c) "Malice" means either conduct which is specifically intended by the defendant to cause tangible or intangible injury to the plaintiff or conduct that is carried
out by the defendant both with a flagrant indifference to the rights of the
plaintiff and with a subjective awareness that such conduct will result in
human death or bodily harm. (d) "Plaintiff" means any party claiming punitive damages.
(e) "Defendant" means any party against whom punitive damages are sought.
(f) "Punitive damages" includes exemplary damages and means damages, other than compensatory and nominal damages, awarded against a person to punish
and to discourage him and others from similar conduct in the future. (2) A plaintiff shall recover punitive damages only upon proving, by clear and convincing evidence, that the defendant from whom such damages are sought acted
toward the plaintiff with oppression, fraud or malice. (3) In no case shall punitive damages be assessed against a principal or employer for the act of an agent or employee unless such principal or employer authorized or
ratified or should have anticipated the conduct in question. (4) In no case shall punitive damages be awarded for breach of contract.
(5) This statute is applicable to all cases in which punitive damages are sought and supersedes any and all existing statutory or judicial law insofar as such law is
inconsistent with the provisions of this statute. Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 224, sec. 2, effective July 15, 1988.
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