Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)

Citation: Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)
Parent Document: Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)
Jurisdiction: Kentucky (state)
Effective Date: 2017-07-21
Original Source: https://www.courtlistener.com/opinion/5448835/joiner-v-tran-p-properties-llc/ ↗

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The plaintiff’s negligence and personal injury claims under the URLTA and the common law must be dismissed because the plaintiffs were aware of the existence of the mold and the defendants’ duty was therefore limited to repairing the condition, a duty the defendants fulfilled. Miller v. Cundiff, 245 S.W.3d 786, 789 (Ky. App. 2007). The Court also finds as a matter of law that the plaintiffs’ claim qf outrage fails because they describe no facts in their response brief that rises to conduct so “outrageous and intolerable ... that it offends against the generally accepted standards of decency and morality.” Humana of Kentucky v. Seitz, 796 S.W.2d 1, 2 (Ky. 1990) quoting, in part, Restatement (2d) Torts § 46 (1965), comment (d). See, also, Stringer v. Wal-Mart Stores, Inc., 151 S.W.3d 781, 789-90 (Ky. 2004), and cases cited therein that provide fact examples contained in cases where the tort of outrage was dismissed or otherwise did not survive. The plaintiffs’ fraud and misrepresentation claims must fail because there is no proof that the defendants misrepresented any material fact at the time the parties signed the leases. UPS v. Rickert, 996, S.W.2d 464, 466 (Ky. 1999). Finally, the plaintiffs’ Kentucky Consumer Protection Act claim under KRS 367.170 must be dismissed because the KCPA does not apply to single real estate transactions. Craig v. Keene, 32 S.W.3d 90, 91 (Ky. App. 2000).

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