I concur fully with the dissenting opinion of Chief Justice Lambert, but write separately to endorse the rationale of the Court of Appeals in reversing the jury verdict in this case. The Appellant’s claim is based upon the theory of fraudulent misrepresentation and, to prevail on a theory of fraud, the claimant must prove all elements by clear and convincing evidence. We have held that in this type of action, the party claiming fraud must prove six elements: “a) a material representation, b) which is false; c) known to be false or made recklessly; d) made with inducement to be acted upon; e) acted in reliance thereon; and f) causing injury.” United Parcel Service Co. v. Rickert, 996 S.W.2d 464, 468 (Ky.1999) quoting Wahba v. Don Corlett Motors, Inc., 573 S.W.2d 357, 359 (Ky.App.1978).
In my opinion, the Appellant did not produce any evidence of intentional fraud on the part of Blazar. Appellant admitted that he had no evidence that Blazar ever made a false representation to him. His statement that a mother “knows” who the father of her child is and that Blazar must have known that Appellant was not the father at the time of conception, defies medical science and is totally without support in law or fact. Appellant admitted that he and Blazar never discussed the paternity of the child before September 2000, and that Blazar never made a statement to him that he was the father. Further, it is undisputed that at the time of Blazar’s brief affair, she and Appellant had an ongoing sexual relationship. In short, there is absolutely no evidence in the record of this case that Blazar knew the child was not the Appellant’s daughter any earlier than 2000.
For the foregoing reasons, and those set forth in Chief Justice Lambert’s dissenting opinion, I would affirm the Court of Appeals.
LAMBERT, C.J.; and ROACH, J., join this dissent.