526 S.W.3d 94
Ky. Ct. App.2017Background
- Joiner signed an August 1, 2012 lease (Bailey Property) for 1109 Reutlinger Ave.; Shelter Plus Care also executed paperwork modifying rent to $885 with Joiner to pay $34, but Bailey’s lease listed $1,000 with Joiner paying $115. Joiner paid $115 monthly.
- The family discovered a roof leak and mold in late 2012; repairs/remediation were completed by March 2013 after repeated complaints.
- Joiner lost Shelter Plus assistance after Shelter Plus concluded he had paid more than his $34 share; the family was evicted in August 2013 after the lease term ended.
- The Joiners sued for URLTA violations, negligence/personal injury (mold exposure), IIED/outrage, breach of contract, fraud/misrepresentation, and KCPA violations, seeking compensatory and punitive damages.
- Defendants moved for summary judgment; the circuit court granted partial summary judgment dismissing all claims except breach of contract (which the parties later dismissed without prejudice), making the order final and appealable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Negligence/personal-injury from mold | Joiners: defendants failed to remediate mold causing children’s respiratory injuries; expert testimony links mold to harm | Defendants: tenants knew of mold; landlord repaired condition; remedy for repair breach is cost of repair, not personal-injury damages | Court: summary judgment for defendants — where tenant knew of condition and landlord repaired, remedy is cost of repair; no recoverable personal injury damages shown |
| Violation of Housing Code / negligence per se | Joiners: defendants violated Louisville housing code, giving KRS 446.070 claim for damages | Defendants: KRS 446.070 applies to statutes, not ordinances; argument not raised below | Court: rejected — ordinance violation under housing code cannot be pursued under KRS 446.070 and claim not preserved for appeal |
| Fraud / fraudulent misrepresentation (rent and repairs) | Joiners: defendants misrepresented rent obligations and/or misled about repairs causing injury and loss of Shelter Plus benefits | Defendants: lease documents show $1,000 rent; Shelter Plus alterations not executed by landlord; no false representation proven; Joiners didn’t raise some fraud theories below | Court: summary judgment for defendants — no clear false representation established re: rent; some fraud arguments forfeited for appeal |
| KCPA claim | Joiners: KCPA applies to landlord conduct re: rent and mold | Defendants: KCPA does not cover single real-estate transactions/individual home leases | Court: summary judgment for defendants — KCPA not available for individual real-estate transactions under controlling precedent |
Key Cases Cited
- Miller v. Cundiff, 245 S.W.3d 786 (Ky. Ct. App. 2007) (remedy for breach of repair covenant limited to repair costs; tenant awareness of defect bars personal-injury recovery)
- True v. Fath Bluegrass Manor Apartment, 358 S.W.3d 23 (Ky. Ct. App. 2011) (reaffirming that breach of repair covenant does not extend landlord liability to personal injuries absent other prerequisites)
- Pinkston v. Audubon Area Cmty. Servs., Inc., 210 S.W.3d 188 (Ky. Ct. App. 2006) (landlord not liable for personal injury from known or discoverable defect; remedy for failed repairs is contract damages)
- United Parcel Serv. Co. v. Rickert, 996 S.W.2d 464 (Ky. 1999) (elements and clear-and-convincing standard for fraud in Kentucky)
- Craig v. Keene, 32 S.W.3d 90 (Ky. Ct. App. 2000) (KCPA does not apply to individual real-estate transactions)
- Warren v. Winkle, 400 S.W.3d 755 (Ky. Ct. App. 2013) (distinguishing repair-liability cases where landlord retained control over area causing injury; negligence analysis may differ when landlord controls the dangerous area)