KRS 454.455: Proof required for damages against tobacco growers and warehousemen --

Costs that may be awarded to prevailing defendant.

(1) In a civil action against a tobacco grower for damages alleged to have occurred as a

result of use or consumption of tobacco products, in order for liability to be found

against a tobacco grower, the plaintiff shall prove by clear and convincing evidence

that the tobacco that caused the alleged damage was planted, cultivated, and

harvested by that specific tobacco grower and not by any other person.

(2) In a civil action against a warehouseman for damages alleged to have occurred as a

result of use or consumption of tobacco products, in order for liability to be found

against a warehouseman, the plaintiff shall prove by clear and convincing evidence

that the tobacco that caused the alleged damage was sold by that specific

warehouseman and not by any other person.

(3) If a suit against a tobacco grower or a warehouseman is dismissed or the defendant

prevails at trial, the defendant may be entitled to three (3) times the entire costs of

defending the action, including but not limited to legal fees, expert witnesses, and

other expenses arising from the defense of the action.