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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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Confronted with the established precedent, True contends that this is a claim for *27negligent repair and, therefore, it does not apply. In Mahan-Jellico Coal Co. v. Dulling, 282 Ky. 698, 139 S.W.2d 749 (1940), the Court held that although a landlord had no duty to repair steps leading to the tenant’s doorway, it would not be absolved from liability when its negligent repairs were the proximate cause of the tenant’s injuries. The Court concluded that under the circumstances, the rule that the tenant takes the premises “as is” did not apply. It stated: