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: Kentucky Law Blog

TORTS: Kentucky decisions on cause of action for "negligent hiring"; citations provided by two of our readers. Fanatastic assists!

By Michael Stevens

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More on my earlier post on cause of action for negligent hiring and a South Carolina decision with comments and citations to a Kentucky decision opening the door to that claim. 

John Day at Day on Torts Blog posts on a South Carolina decision - South Carolina Opens Door to Negligent Hiring Claim.  Does anyone know if that door has been opened or closed here in Kentucky?  If so, post the case in comments (and I will move it up here!).

Thanks to Louisville attorneys Matt Lockaby and  Norman McNally for the following:

  • The door has been open for quite some time; see Oakley v. Flor-Shin, Inc., 964 S.W.2d 438 (Ky. Ct. App. 1998), discretionary review not sought.  from Matt.
  • Oakley v. Flor-Shin, Inc., Ky. App., 964 S.W.2d 438, 442 (1998) allows  a claim for negligent hiring "failure to exercise ordinary care in hiring or retaining an employee creates a foreseeable risk of harm to a third person.?  The Supreme Court seemed to recognize Oakley as valid in PATTERSON v. BLAIR,  172 S.W.3d 361 (Ky. 2005) footnote 2.  from Norman

Full post as published by Kentucky Law Blog on March 28, 2008 (boomark / email).

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