Kentucky Revised Statutes

Ky. Rev. Stat. § 65.2002 (2026)

Amount of damages recoverable against local governments

✓ current as of May 2026

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The amount of damages recoverable against a local government for death, personal injury or property damages arising out of a single accident or occurrence, or sequence of accidents or occurrences, shall not exceed the total damages suffered by plaintiff, reduced by the percentage of fault including contributory fault, attributed by the trier of fact to other parties, if any. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 224, sec. 17, effective July 15, 1988.

Notes of Decisions

Cited in 11 cases (6 in the last 5 years), 1992–2025 · leading case: Schwindel v. Meade Cnty., 113 S.W.3d 159 (Ky. 2003).

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Schwindel v. Meade Cnty., 113 S.W.3d 159 (Ky. 2003). · cites it 8× “2001 is titled “Application and construction of KRS 65.2002 to 65.2006.” Subsection (1) of KRS 65.”

Richardson v. Louisville/Jefferson Cnty. Metro Gov't, 260 S.W.3d 777 (Ky. 2008). · cites it 2× “The local government shall pay any judgment based thereon or any compromise or settlement of the *780 action except as provided in subsection (3) of this section and except that a local government’s responsibility under this section to indemnify an employee shall be subject to…”

Louisville Metro Hous. Auth. v. Burns Ex Rel. Burns, 198 S.W.3d 147 (Ky. Ct. App. 2005). · cites it 3× “Having reviewed the analysis by which the Supreme Court reasoned that the Louisville Water Company was not an agent of the city and could not therefore avail itself of the protections afforded local governments in KRS 65.2002, we are persuaded that public policy considerations…”

Ashby v. City of Louisville, 841 S.W.2d 184 (Ky. Ct. App. 1992). “2003 and which provides that “[n]o provision of KRS 65.2002 to 65.2006 shall in any way be construed to expand the existing common law concerning municipal tort liability as of July 15, 1988.”

Franklin Cnty., Ky. v. Malone, 957 S.W.2d 195 (Ky. 1997). · cites it 2× “2001(2) provides "[n]o provision of KRS 65.2002 to 65.2006 shall in any way be construed to expand the existing common law concerning municipal tort liability as of July 15, 1988, nor eliminate or abrogate the defense of governmental immunity for county governments.”

Louisville & Jefferson Cnty. Metro. Sewer Dist. v. Jennifer Albright, Individually & as Adm'x of the Est. of David K. Albright (Ky. 2025). · cites it 3× “” KRS 65.2002. The Act further explicitly states that it was not intended to alter or expand the common law that existed at the time of its enactment, i.”

Fentress v. City of Leitchfield (W.D. Ky. 2025). · cites it 3× “Ky. Rev. Stat. § 65.2002. Kentucky courts “have interpreted th[is] statute to generally prohibit recovering punitive damages from a municipality.”

Michael Schell v. Troy L. Young (Ky. Ct. App. 2021). · cites it 2× “2001), KRS 65.2002, part of CALGA, provides that “[t]he amount of damages recoverable against a local government for death, personal injury or property damages arising out of a single accident or occurrence, or sequence of accidents or occurrences, shall not exceed the total…”

Jane Doe v. v. Louisville Metro Police Dep't (Ky. Ct. App. 2021). “The local government shall pay any judgment based thereon or any compromise or settlement of the action except as provided in subsection (3) of this section and except that a local government’s responsibility under this section to indemnify an employee shall be subject to the…”

Jennifer Albright, Individually & as Adm'x of the Est. of David K. Albright v. Louisville & Jefferson Cnty. Metro. Sewer Dist. (Ky. Ct. App. 2023). “No -13- provision of KRS 65.2002 to 65.2006 shall in any way be construed to expand the existing common law concerning municipal tort liability as of July 15, 1988, nor eliminate or abrogate the defense of governmental immunity for county governments.”

Hollon v. HCA Healthcare, Inc. (E.D. Ky. 2024). “CALGA does, however, prohibit a plaintiff from recovering punitive damages against a municipality. Accordingly, any claim for punitive damages against the City of Frankfort must be dismissed.”

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