COAKY Holds Prejudgment Interest, Unlike Attorney’s Fees, Need Not Be Requested in a Pleading

The Kentucky Court of Appeals recently held that a party making a claim for recovery of liquidated damages that would give rise to entitlement to prejudgment interest need not plead a claim for such interest, since prejudgment interest on liquidated damages is awarded as a matter of right under Kentucky law. Hall v. Rowe, 439 S.W.3d 183 (Ky. App. 2014).

This case should be distinguished from O’Rourke v. Lexington Real Estate Co., LLC, 365 S.W.3d 584 (Ky. App. 2012), in which the Court held that a party seeking attorney’s fees based on a statute or contract must specifically plead a claim for fees in the body of the pleading, and not merely ask for fees in the ad damnum clause of the complaint.

Note: The foregoing post includes commentary reprinted from the forthcoming 2015 supplement to 6 Philipps & Kramer, Rules of Civil Procedure Annotated, 6th ed. (Kentucky Practice Series), by David V. Kramer, with permission of the author and publisher. Copyright (c) 2015 Thomson Reuters. For more information about this publication click here.

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