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This section contains the nature of the case and procedural background.

The Kentucky State Legislature enacted broad tort reform and reformulated tort common law regarding punitive damage; a flagrant indifference to the rights of the plaintiff and a subjective awareness that such conduct will result in death or bodily harm was now required by proof under clear and convincing evidence. The lower courts held that the statute effectively destroyed the common law right of action for punitive damages and that was precluded by the doctrine of jural rights.

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