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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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A common law negligence claim requires proof of (1) a duty owed by the defendant to the plaintiff, (2) breach of that duty, (3) injury to the plaintiff, and (4) legal causation between the defendant’s breach and the plaintiffs injury. Pathways, Inc. v. Hammons, 113 S.W.3d 85, 88-89 (Ky. 2003) (citing Mullins v. Commonwealth Life Ins. Co., 839 S.W.2d 245, 247 (Ky. 1992); Lewis v. B & R Corp., 56 S.W.3d 432, 436 (Ky. App. 2001)). The standard of care applicable to a common-law negligence action is that of ordinary care—that is, “such care as a reasonably prudent person would exercise under the circumstances.” Slusher v. Brown, 323 S.W.2d 870, 872 (Ky. 1959).