Public-domain · open source
OpenJurist

KRS 304.39-340

Unconstitutionality -- Invalidity -- Severability

Applied in 3 court decisions — leading case Fann v. McGuffey (1975)

Most recently applied in American Premier Insurance Co. v. McBride (October 2004)

Effective: July 1, 1975 History: Created 1974 Ky

How often courts cite this section

1975198019902000200410
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Except as provided in subsection (2), if any provisions of this subtitle or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this subtitle and the application of such provision to other persons or circumstances shall not be affected thereby, and it shall be conclusively presumed that the legislature would have enacted the remainder of this subtitle without such invalid or unconstitutional provision.

(2) If the exemption from liability to pay damages in KRS 304.39-060 is held to be unconstitutional or invalid as respects substantial numbers of persons or circumstances, it shall be conclusively presumed that the legislature would not have enacted the remainder of the subtitle without such exemption and the entire subtitle shall be held invalid; provided, however, any or all of the exceptions to the liability exemption are severable and the invalidity of any or all of the exemptions shall not impair the validity of the remainder of the subtitle.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.