LYNN V. DIGITAL LIFESTYLES, LLC
JURISDICTION: Subject matter, Indiana contract
EVIDENCE: Spoliation of Evidence
2007-CA-002442
PUBLISHED: AFFIRMING
PANEL: LAMBERT JAMES PRESIDING; HENRY, NICKELL CONCUR
JEFFERSON CIR. COURT
DATE RENDERED: 11/14/2008
The Court affirmed a judgment of the circuit court denying appellant’s motion for summary judgment and findings of fact and conclusion of law awarding damages to appellee on its claim for breach of contract for the installation of a home theater system. The Court first held that the case fell into the exception articulated in Transportation Cabinet, Bureau of Highways, Com. of Ky. v. Leneave, 751 S.W.2d 36 (Ky. App. 1988), allowing for the appeal of a denial of a motion for summary judgment because the facts were not in dispute, the question of whether the Court had jurisdiction was a matter of law, and there was a final judgment with an appeal taken. The Court then held that the trial court had personal jurisdiction over appellant even though he was an Indiana resident, the contract was signed in Indiana, and the work was to be performed in Indiana. Appellant came into Kentucky and sought out the on-going contract for goods and services, traveled into Kentucky to re-negotiate the contract, ultimately contracted with another Kentucky business, and caused direct consequence within the state by negotiating a contract for a large sum of money. The Court then held that appellee was not required to prove with certainty the costs of the equipment for the project because the equipment was ultimately not purchased because of the breach. Therefore, the trial court did not abuse its discretion by relying on testimony that the equipment costs amounted to half of the contract price and awarding damages based on that testimony. The Court finally held that there was no evidence that appellee suppressed or spoiled evidence.
From COA November
Summaries
