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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

True v. Fath Bluegrass Manor Apartment, 358 S.W.3d 23 (2011)

Citation
True v. Fath Bluegrass Manor Apartment, 358 S.W.3d 23 (2011)
Parent Document
True v. Fath Bluegrass Manor Apartment, 358 S.W.3d 23 (2011)
Jurisdiction
Kentucky (state)
Effective Date
2011-12-22

Other Sections in This Document (39)

Full Text

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THOMPSON, Judge:
Brandon True appeals from a summary judgment of the Kenton Circuit Court dismissing his claim against his landlord, Fath Bluegrass Manor Apartment, for injuries sustained when he fell from his apartment balcony. He contends that there are material issues of fact requiring that this Court reverse the summary judgment or, alternatively, remand to the circuit court to consider the application of the Supreme Court’s decision in Kentucky River Medical Center v. McIntosh, 319 S.W.3d 385 (Ky.2010). We agree with the circuit court that Fath cannot be liable for True’s injuries caused by an open and obvious hazard that True was aware of prior to his fall. Further, we hold that, under the facts, McIntosh does not apply and, therefore, remand is unnecessary.