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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

526 chars
Contrary to True’s assertion, the circuit court did not ignore the law applicable to negligent repairs. Rather, the circuit court carefully considered the undisputed facts and correctly emphasized that a negligent repair claim is premised on the tenant’s reliance that a defect has been remedied. Recovery is permitted only if a repair resulted in an increased danger that was unknown to the tenant or if the negligent repair gave the deceptive appearance of safety. Id. In this case, the undisputed facts are to the contrary.