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Williams v. Wilson4/16/1998
ges approved in Horton v. Union Light, Heat & Power Co., supra, and reaffirmed by the majority opinion herein (Slip op., p. 9), which was used to instruct the jury in this case, may no longer pass federal constitutional muster. Thus, in discarding KRS 411.184, we are left with a common law standard for punitive damage verdicts which is protected in perpetuum by the "jural rights" doctrine, but which may well violate the procedural due process requirements of the Fifth and Fourteenth Amendments to the United States Constitution.
I would reverse the Court of Appeals and the Fayette Circuit Court and remand this case for a new trial on the issue of punitive damages with directions to instruct the jury in accordance with KRS 411.184 and .186.
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