Phelps v. Louisville Water Co.

While I concur fully with the majority, I write separately to address the Louisville Water Company’s (“LWC”) argument that punitive damages cannot be assessed against it under the common law.

The crux of the LWC’s argument on this issue is that it is a municipal corporation and, under the common law, punitive damages are not allowed against a municipal corporation unless expressly provided by statute. There are several flaws to this argument. First, there is no support for the claim that punitive damages are not permitted against municipal corporations under the common law of Kentucky. Next,…