Batson v. Clark, 980 S.W.2d 566 (1998)

Citation: Batson v. Clark, 980 S.W.2d 566 (1998)
Parent Document: Batson v. Clark, 980 S.W.2d 566 (1998)
Jurisdiction: Kentucky (state)
Effective Date: 1998-10-16
Original Source: https://www.courtlistener.com/opinion/1619700/batson-v-clark/ ↗

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Batson argues that appellees are limited to damages for wrongful eviction, which include the actual or rental value of the unexpired term less the rent reserved, cost of moving, actual expenses reasonably incurred, and loss of profits. He maintains the only competent evidence of damages offered by appellees was the proof of their moving expenses total*577ing $1,079.21. Appellees, however, maintain they are entitled to damages based upon their expectation interests, e.g., that sum of money which would put them in the same position in which they would have been had Batson performed the contract. They argue that but for Batson’s wrongful eviction, they would not have incurred moving and relocation expenses. Thus, they claim, they submitted valid proof of damages. Further, they argue that attorney’s fees are appropriate under the circumstances, given the evidence of bad faith on Batson’s part.

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