Lawson v. Hensley
Cases that cite this one
10 later published cases cite this decision.
- Vfm, LLC v. Psc Industries, Inc. (Ky. Ct. App. 2024)
- Maggard v. Commonwealth, Board of Examiners of Psychology (Ky. 2008)
- Donald Heavrin v. David Nelson (6th Cir. 2004)
- Heavrin v. Nelson (6th Cir. 2004)
- Heavrin v. Boeing Capital Corp. (District Court, W.D. Kentucky 2003)
- JEFFERSON CTY. COM. ATTY'S OFFICE v. Kaplan (Ky. 2002)
- Stone v. Glass (Ky. Ct. App. 2000)
- KNOTTS BY KNOTTS v. Hassell (Miss. 1995)
- L. Alan Parrish v. Ford Motor Company (6th Cir. 1990)
- Coker v. Daniel Construction Co. (District Court, W.D. Kentucky 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The single question to be resolved in this appeal is whether a civil action for damages lies against one who offered false testimony in other litigation. We agree with the trial court that such a claim does not state a cause of action and we affirm his order dismissing the complaint in this case.
*370 Appellants seek to recover damages for perjury from appellee, who testified as an expert in a land dispute to which appellants were parties. The trial judge dismissed appellants’ complaint on the basis that it failed to state a claim upon which relief could be granted.
It is the general rule that a civil action for damages will not lie for perjury made during litigation either by a party or a witness. See 60 Am.Jur.2d, Perjury, § 75 (1972) at 1012. We believe the law in Kentucky is in accord with the general rule and find appellants reliance upon the case of Nix v. Caldwell, 81 Ky. 293, 5 Ky.Law Rept. 275 (1883), to be misplaced as that case deals with defamation.
The judgment of the Knox Circuit Court is entirely proper and is hereby affirmed.
All concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.