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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)

Citation
Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)
Parent Document
Joiner v. Tran & P Properties, LLC, 526 S.W.3d 94 (2017)
Jurisdiction
Kentucky (state)
Effective Date
2017-07-21

Other Sections in This Document (49)

Full Text

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The Joiners argued that the defendants were not entitled to a summary judgment and that they had sufficiently supported their claims and created a triable question of fact with relation to the mold claim. In a supplemental filing, the Joiners relied upon the medical opinion of Dr. Bruce Davis, who testified that he had.treated the children for mold exposure and that the mold contributed to and exacerbated their respiratory problems. With this evidence, the Joiners argued that they established medical causation to permit the ease to survive the motion for summary judgment. The also disagreed with Bailey Property’s KCPA argument and stated that whether KRS 367.220 applied was an open question.