Patricia W. Ballard, Appellant/cross-Appellee v. 1400 Willow Council of Co-Owners, Inc., Appellee/cross-Appellant…

Summary

The Kentucky Supreme Court held that slander of title claims are governed by a five-year limitations period and that filing a lis pendens is subject to qualified, rather than absolute, privilege; because the jury found knowing and malicious falsity causing title-related damages, the claim was properly submitted and the judgment on it was affirmed. The Court also held that the condominium council owed no fiduciary duty to Ballard individually, requiring dismissal of that claim and reversal of the associated damages award. The attorneys’ fee determination was remanded for reconsideration because the judgment was being altered and the prevailing-party issue had to be determined anew under the Master Deed. Justice Noble, joined by Justice Scott, concurred in part and dissented in part, arguing that the Council owed Ballard an individual duty of good faith and fair dealing and that the $54,000 award should be reinstated.