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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Next,.the Joiners argue that the appellees violated the Louisville Shelter Code and were negligent per se. Therefore, they were entitled to damages pursuant to KRS 446.070 (“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.”). This argument fails for. two reasons. First, KRS 446.070 addresses violations of a statute, not, an ordinance. , “Ordinances are held not to be ‘statutes’; and, therefore, violation of an ordinance also fails to state, a cause of action under KRS 446.070.” St. Luke Hosp., Inc. v. Straub, 354 S.W.3d 529, 534-35 (Ky. 2011) (footnote omitted). And second, the Joiners failed to raise this argument before the circuit court and. are precluded .from raising this for the first time on appeal. “[Sjpecific grounds not raised before the trial court, but raised for the first time on'appeal will not support a favorable ruling on appeal.” Fischer v. Fischer, 348 S.W.3d 582, 588 (Ky. 2011).

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