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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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We have considered the Joiners’-citation to Warren v. Winkle, 400 S.W.3d 755, 762 (Ky. App. 2013), and find it to be distinguishable from the case before us on review. In Warren, this Court distinguished both Pinkston, supra, and Miller, supra, holding that “[b]oth cases involved a defect inside the rented premises in an area under the tenant’s exclusive control and the landlord’s duty to repair. The crucial distinction is that the Winkles retained exclusive control of the roof and the area between it and the ceiling.-This is an action for negligence, not breach of contract or an action under the URLTA.” Warren, 400 S.W.3d at 762. Here, the defect involved the alleged mold in the bedroom closet.