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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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Nevertheless, True contends that this Court must remand the case for consideration of the Kentucky Supreme Court’s holding in McIntosh, rendered the same day as the circuit court’s summary judgment. In McIntosh, the Supreme Court modified the open and obvious doctrine so that it is no longer an absolute bar to recovery from a landowner. Instead, the Court adopted the modern trend expressed in the Restatement (Second) of Torts § 343A(1) (1965), and its focus on foreseeability. The Court explained the limited exception: