Graham v. City of Hopkinsville

3 Citing cases

  1. DNA Health, LLC v. LIV Health LLC

    CIVIL 5:22-cv-00121-GFVT (E.D. Ky. Mar. 28, 2024)

    Graham v. City of Hopkinsville, Civil Action No. 5:12-cv-23, 2013 U.S. Dist. LEXIS 69007 at *33 (W.D. Ky. May 15, 2013) (quoting Stringer v. WalMart Stores, Inc., 151 S.W.3d 781, 800 (Ky. 2004)).

  2. Masssey v. Specialized Loan Servicing

    CIVIL ACTION NO. 1:20-CV-00088-GNS (W.D. Ky. Jan. 28, 2021)

    Neither party addressed whether a criminal statute can provide civil liability under Kentucky law. Generally, "civil remedies for violations of state criminal statutes are . . . available in Kentucky through . . . [KRS] 446.070 . . . ." Graham v. City of Hopkinsville, No. 5:12-CV-23, 2013 WL 2120847, at *11 (W.D. Ky. May 15, 2013). That statute provides that "[a] person injured by the violation of any statute may recover from the offender such damages as he sustained by reason of the violation, although a penalty or forfeiture is imposed for such violation."

  3. Boodram v. Ronald Glenn Coomes, Philmo, Inc.

    CIVIL ACTION NO. 1:12-cv-00057-JHM (W.D. Ky. Jun. 9, 2016)   Cited 3 times

    Generally, "civil remedies for violations of state criminal statutes are . . . available in Kentucky through [KRS] § 446.070." Graham v. City of Hopkinsville, Ky., No. 5:12-CV-23, 2013 WL 2120847, at *11 (W.D. Ky. May 15, 2013). Though this statute originally codified negligence per se, "[i]f a [Kentucky] statute prohibits specific conduct, but fails to specify a remedy, we may look only to [§] 446.070 to provide it."