KENTUCKY REFORMS
Appeal Bond Reform: H.B. 426 (2007); Amended KRS § 411.187. Provides that the total appeal bond required
collectively of all appellants during the appeal of a civil action may not
exceed one hundred million dollars ($100,000,000) in the aggregate, regardless
of the amount of the judgment.
Appeal Bond Reform: SB 316
(2000); KRS § 411.187. Limits the amount a defendant can be required to pay to secure the
right to appeal to $100 million. The
reform applies in out‑of‑state judgments during the stay period
only.
Collateral Source Rule Reform: HB 551
(1988). Mandates
that juries be advised of collateral source payments and subrogation of rights
of collateral payers. The statute allowing the admission of
evidence of collateral source payments in personal injury actions violated the
separation of powers provision of the State Constitution. O’Bryan v. Hedgespeth, 892 S.W.2d 571 (Ky. 1995).
Consumer Protection in Motor Vehicle
Accidents- H.B. 382 (2011), KRS § 367. Provides that
during the first 30 days after a motor vehicle accident, a person may not
directly solicit or knowingly permit another person to directly solicit an
individual, or relative of an individual, involved in the motor vehicle
accident for the provision of any service related to the accident.
Government Liability Reform: HB 551
(1988). Limits
damages recoverable against a city.
Exempts cities from liability for the performance of
or failure to perform “legislative, quasi-legislative, judicial, and
quasi-judicial functions.”
Joint and Several Liability Reform: HB 21 (1996): Ky. Rev. Stat. Ann. § 411.182. Bars application of the rule of joint and several
liability in the recovery of all damages.
Joint and Several Liability Reform: HB 551
(1988). Requires that juries be
instructed to determine the percentage of fault appropriate to each claimant, defendant,
third party defendant and defendant settling out of court and apportion each
party's equitable share in accordance with the respective percentages of
fault. Prudential Life Ins. Co. v. Moody, 696
S.W.2d 503 (Ky. 1985).
Obesity Litigation Reform: SB 103 (2005); KRS § 411.610. Exempts from civil liability manufacturers,
packers, distributors, carriers, holders, sellers, marketers, or advertisers of
food, as defined in KRS 217.125 or 21
U.S.C. 321, for claims arising out of weight gain, obesity, health conditions
associated with weight gain or obesity, or other generally known conditions
allegedly caused by or allegedly likely to result from long-term consumption of
food. The liability exemption does not
apply if the claim is based on a material violation of state or federal
adulteration or misbranding requirement.
The liability exemption also does not apply for any other material
violation of federal or state law applicable to the manufacturing, marketing,
distribution, advertising, labeling or sale of food and the violation was
committed knowingly and willfully. Provides that discovery and all other proceedings shall be stayed
during a motion to dismiss.
Officers and Directors Liability Reform: HB 551
(1988). Allows corporations through
a shareholder action to assume greater responsibility for the liability of
their directors and requires “clear and convincing” evidence of conduct that
was willful, wanton, or in reckless disregard of a corporation’s interests. Defines standards for which officers and
directors cannot be held personally liable.
Protects volunteers from liability.
Punitive Damages Reform: HB 551 (1988). Ky. Rev. Stat. Ann.
§ 411.184(2). Requires, for the
award of punitive damages, a plaintiff to show by “clear and convincing”
evidence that a defendant acted with oppression, fraud or malice.
The 1988
punitive damages reform statute requiring a plaintiff to show that the
defendant acted with “flagrant indifference to the rights of the plaintiff and
with a subjective awareness that such conduct will result in human death or
bodily harm” as a predicate for punitive damages liability violated “jural rights” provisions of the State Constitution. Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998).
Statute of Limitations Reform: HB 551
(1988). Reduces
the statute of limitation for property damage from five years to two years.
Supreme Court Recommendations: HB 551 (1988): House
Concurrent Res. 62. Urges the Supreme Court to require plaintiffs and defendants to
file a certificate of merit stating their claim or defense and stating that an
expert witness will testify in support of their claim or defense. Recommends that the Supreme
Court amend Rule 68 directing that all costs be awarded against a party failing
to accept a reasonable offer of settlement. Recommends that the Supreme Court amend Rule
59 to allow the Court to review and amend an award if it believes an award to
be excessive or inadequate.