Larry Penix v. Barbara Delong

Summary

The Kentucky Supreme Court held that Penix remained liable for timber cut from Delong's property despite the logger's independent-contractor status because Penix retained contractual responsibility for the boundary and acted through an agent who negligently identified it. The Court further held that treble damages required proof that Penix intended to convert Delong's timber for his own use, which the trial court reasonably found was not established, and it reinstated the trial court's single-damages award. The Court found the admission of hearsay evidence concerning a statement by the deceased logger was erroneous but harmless. Minton, C.J., dissenting, would have awarded treble damages because Penix intentionally harvested and commercially used the timber even if he mistakenly believed it was his.