O'Rourke v. Lexington Real Estate Co., 365 S.W.3d 584 (2011)

Citation: O'Rourke v. Lexington Real Estate Co., 365 S.W.3d 584 (2011)
Parent Document: O'Rourke v. Lexington Real Estate Co., 365 S.W.3d 584 (2011)
Jurisdiction: Kentucky (state)
Effective Date: 2011-10-07
Original Source: https://www.courtlistener.com/opinion/5281692/orourke-v-lexington-real-estate-co/ ↗

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Generally, with respect to attorney’s fees, Kentucky follows the American Rule of individual party responsibility rather than the fee shifting practice of some states and some other nations. Louisville Label, Inc. v. Hildesheim, 843 S.W.2d 321, 326 (Ky.1992). See Knott v. Crown Colony Farm, Inc., 865 S.W.2d 326, 331 (Ky.1993), holding that without an attorney’s fees statute, any such recovery must derive from the underlying contract. However, the Kentucky General Assembly has created a limited statutory exception to the general rule. That exception provides that if “noncompliance is willful the landlord may recover actual damages and reasonable attorney’s fees.” KRS 383.660(3). “ ‘Willful’ means with deliberate intention, not accidentally or inadvertently, and done according to a purpose.” KRS 383.545(17).

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