Green Ridge Farm, Inc. v. Shipp, No. 2012-CA-000001-MR, 2013 Ky. App. Unpub. LEXIS 363 (Ky. Ct. App. May 3, 2013)

(appeal following jury trial over trees allegedly damaged by application of 2, 4-D herbicide sprayed on neighboring farms; jury found in favor of defendant; plaintiff appealed trial court’s denial of plaintiff’s directed verdict motion on res ipsa loquitor theory and granting of defendant’s motion to dismiss punitive damage; on review, court agreed jury question was generated regarding cause of damage to trees and no evidence submitted regarding bad faith of defendant justifying punitive damages).