CIVIL PROCEDURE – Transfer to district court reversed based upon jurisdictional amount: Jackson v. Beattyville Water Department (COA 2/20/2009)

Jackson v. Beattyville Water Department
2009 WL 414302
Opinion by Judge Stumbo; Judges Clayton and Moore concurred.

The Court reversed and remanded an order of the circuit court that remanded appellant’s claim to district court.

The Court held the trial court erred in transferring the action after finding that appellant failed to establish a prima facie case that her damages exceeded the jurisdictional amount set out in KRS Chapter 23A and 24A, based on defense counsel’s erroneous statement that appellant had not filed a supplemental answer demonstrating the amount in controversy. The record established that the answer was timely filed and the complaint, coupled with appellant’s answers to interrogatories, was sufficient to establish jurisdiction in the circuit court.

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