In any civil action for damages inflicted by an assault or by an assault and battery, the defendant may plead as a defense to the claim for punitive damages, and introduce in evidence in mitigation of punitive damages, any matter of provocation that preceded the assault or battery, if the provocation prompted the assault or battery and was of a nature to cause a person of ordinary prudence and judgment to take the action taken by the defendant.
KRS 411.010
Action for assault -- Battery -- Provocation as a defense or in mitigation of punitive damages
Applied in 2 court decisions — leading case Banks v. Fritsch (2001)
Most recently applied in Banks v. Fritsch (March 2001)
Effective: October 1, 1942 History: Recodified 1942 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.