KRS 355.2-722: Who can sue third parties for injury to goods.

Where a third party so deals with goods which have been identified to a contract for sale

as to cause actionable injury to a party to that contract

(a) a right of action against the third party is in either party to the contract for sale

who has title to or a security interest or a special property or an insurable

interest in the goods; and if the goods have been destroyed or converted a right

of action is also in the party who either bore the risk of loss under the contract

for sale or has since the injury assumed that risk as against the other;

(b) if at the time of the injury the party plaintiff did not bear the risk of loss as

against the other party to the contract for sale and there is no arrangement

between them for disposition of the recovery, his suit or settlement is, subject

to his own interest, as a fiduciary for the other party to the contract;

(c) either party may with the consent of the other sue for the benefit of whom it

may concern.