CHILDERS OIL COMPANY, INC., APPELLANT v. BERTHA L. ADKINS; AND LAWRENCE R. WEBSTER, APPELLEES, 256 S.W.3d 19

Summary

The employer, whose name was not on appellee employee's paycheck but was on the employee handbook given to the employee, alleged it was not a proper party to the action and thus, the trial court erred in denying its motion to dismiss. The supreme court disagreed, noting that, inter alia, the employer effectively admitted to being the employee's employer. The supreme court also found that the trial court did not err when it declined to grant the employer's motion for a directed verdict on the basis that the employee failed to establish that her age was the motivating factor for her discharge. The supreme court noted that at least five other persons, all more than 10 years younger than the 47 year old employee, were hired after the employee's discharge. The supreme court found that the trial court's instruction on punitive damages was improper, because punitive damages were not an available remedy under Ky. Rev. Stat. Ann. § 344.450. Finally, the supreme court concluded that the jury's ...