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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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*25Immediately after the fall, neither True nor Habermehl advised Fath that True had fallen or that the balcony railing was missing. However, sometime later, Plum-mer observed that the balcony railing had been removed. Shane Johnson, a maintenance person, was sent to the apartment where he discovered the removed section of the railing leaning against another section. He testified that it was severely damaged and that the only cause of the damage could be extremely hard kicks to the railing. Following the inspection, on August 7, 2008, True was issued a letter advising him of Fath’s policy against removing balcony railings and was assessed a fee for the repair and reinstallation of the railing. Sometime between July 20 and July 23, 2009, Johnson wrote a report stating that he had observed a lady at True’s apartment jerking the balcony spindles.