Kentucky Jury Awards $156,400 in Property Damage Fire

A contractor was hired to clear brush near Lake Cumberland in Bronston, Kentucky, for a new home construction project. In November 2022, the defendant initiated two fires to dispose of cleared vegetation, despite a statewide burn ban and a requirement that fires be attended until extinguished. The second fire, set on November 19, 2022, spread to an adjoining residential property, destroying the plaintiffs' lake house, garage, retaining wall, stairs, and boat dock. After the plaintiffs' insurer covered the rebuilding of the residence and pursued a subrogation claim, the plaintiffs filed a lawsuit against the contractor, seeking damages for remaining uninsured property losses, debris removal, loss of use, and emotional distress.

The plaintiffs alleged the defendant negligently set the fire in violation of the burn ban and failed to attend it, directly causing their property loss. They sought over $200,000 for uninsured property damage and debris removal, $180,000 for loss of use of their home, and additional amounts for aggravation and punitive damages. The defendant disputed fault, claiming approval from fire officials for the burn operation, and also argued that the plaintiffs failed to mitigate their damages. A bad faith claim against the defendant's insurer was bifurcated pending the outcome of the trial.

The case proceeded to a two-day trial. The jury found in favor of the plaintiffs, determining that the defendant failed to exercise ordinary care by burning during a burn ban and/or leaving the fire unattended. The jury awarded the plaintiffs $141,600 for specific property damages, excluding an award for the boat dock. An additional $15,000 was awarded for aggravation damages, but no damages were awarded for loss of use of the home or punitive damages.

The total verdict for the plaintiffs amounted to $156,400. A final judgment was entered for $99,920, which reflected an agreed offset of $56,480 for sums already paid by the plaintiffs' insurer, along with an additional $11,820 in prejudgment interest.