Katy Kelly LLC v. Thrivent Investment Management Inc.

Summary

The United States District Court for the Eastern District of Kentucky granted Thrivent Investment Management Inc.'s motion for judgment on the pleadings in an action by Katy Kelly LLC alleging negligent trespass and seeking declaratory relief. The court held that the complaint failed to plausibly allege lack of consent, a cognizable duty, causation, or a viable agency relationship. The court declined to exercise jurisdiction over the duplicative declaratory judgment claim and dismissed the action with prejudice.

Holdings

1. The complaint failed to state a plausible negligent trespass claim because it did not adequately allege lack of consent, a cognizable duty owed by Thrivent, or causation linking Thrivent to the sign and the alleged property damage.
2. The complaint failed to plausibly allege that Gardiner acted as Thrivent's employee or agent, that Thrivent was vicariously liable for Gardiner's conduct, or that Gardiner possessed apparent authority binding Thrivent.
3. The court declined to exercise jurisdiction over the declaratory judgment claim because it duplicated the failed negligent trespass claim and no justiciable controversy remained.

Questions Presented

1. Whether the complaint plausibly stated a negligent trespass claim under Kentucky law.
2. Whether the complaint plausibly alleged that Thrivent owed a duty, lacked consent to the alleged entry or sign placement, caused the alleged harm, or was vicariously liable for Gardiner's conduct.
3. Whether the court should exercise jurisdiction under the Declaratory Judgment Act when the declaratory claim duplicated the failed negligent trespass claim.

Disposition

dismissed