Damages: CHERRY V. AUGUSTUS [COA 7/7/2006]

GOVERNMENT EMPLOYMENT:  Mitigation of damages and back pay

DATE RENDERED:  7/7/2006

This case may define Pyrrhic victory. After 11 years of administrative and judicial proceedings—including one trip to the Kentucky Supreme Court—and $50,000.00 plus in legal fees, Deputy Sheriff Cherry is left with an award of $7,710.79 in damages for back pay. On top of this indignity, the Court of Appeals twice took swipes at Cherry for not adhering to the civil rules applicable to appeals.

While a number of issues are addressed in the case, only two seem to be important for precedential purposes: (1) the Court ruled that the trial court correctly calculated damages for back pay on an annual basis rather than on an aggregate basis, and (2) the Court held that there is no cognizable cause of action in Kentucky for lost opportunity to pursue a chosen profession.

Edited by Hays Lawson

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