454.455 Proof required for damages against tobacco growers and warehousemen --
194 words·~1 min read·
/ky/454-455A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Costs that may be awarded to prevailing defendant.
(1)In a civil action against a tobacco grower for damages alleged to have occurred as a
result of use or consumption of tobacco products, in order for liability to be found
against a tobacco grower, the plaintiff shall prove by clear and convincing evidence
that the tobacco that caused the alleged damage was planted, cultivated, and
harvested by that specific tobacco grower and not by any other person.
(2)In a civil action against a warehouseman for damages alleged to have occurred as a
result of use or consumption of tobacco products, in order for liability to be found
against a warehouseman, the plaintiff shall prove by clear and convincing evidence
that the tobacco that caused the alleged damage was sold by that specific
warehouseman and not by any other person.
(3)If a suit against a tobacco grower or a warehouseman is dismissed or the defendant
prevails at trial, the defendant may be entitled to three
(3)times the entire costs of
defending the action, including but not limited to legal fees, expert witnesses, and
other expenses arising from the defense of the action.