Lawson v. Hensley

712 S.W.2d 369, 1986 Ky. App. LEXIS 1161

• Court: Court of Appeals of Kentucky
• Decided: June 6, 1986
• Status: Published

Opinion

HAYES, Chief Judge:

The single question to be resolved in this appeal is whether a civil action for damages lies against one who offered false testimony in other litigation. We agree with the trial court that such a claim does not state a cause of action and we affirm his order dismissing the complaint in this case.

Appellants seek to recover damages for perjury from appellee, who testified as an expert in a land dispute to which appellants were parties. The trial judge dismissed appellants’ complaint on the basis that it failed to state a claim upon which relief could be granted.

It is the general rule that a civil action for damages will not lie for perjury made during litigation either by a party or a witness. See 60 Am.Jur.2d, Perjury, § 75 (1972) at 1012. We believe the law in Kentucky is in accord with the general rule and find appellants reliance upon the case of Nix v. Caldwell, 81 Ky. 293, 5 Ky.Law Rept. 275 (1883), to be misplaced as that case deals with defamation.

The judgment of the Knox Circuit Court is entirely proper and is hereby affirmed.

All concur.