Smith v. Carbide and Chemicals Corp.

Opinion of the Court by

Justice SCHRODER.

Pursuant to CR 76.37(1), this Court granted the certification request of the United States Court of Appeals for the Sixth Circuit to answer the following questions of Kentucky law:

I. Is proof of actual harm required to state a claim for an intentional trespass?

II. If the plaintiffs can prove a diminution in their property values due to an intentional trespass, do they have a right of recovery under Kentucky law?

In certifying the questions of law to this Court, the United States Court of Appeals for the Sixth Circuit provided a brief explanation of the…