IMPORTANT NEW COURT OF APPEALS RULINGS

 

 Premises Liability, Slip and Fall, “Open and Obvious”; Post-Shelton & Post-McIntosh
ROXANNE SMITH VS. TERESA GRUBB
COA, Published 9/26/2014 –PJ Thompson

 

THOMPSON, JUDGE: The matter before us is on remand from the Kentucky Supreme Court. Our Supreme Court vacated this Court’s to be published opinion rendered on June 15, 2012, and directed we consider the issue relating to the open and obvious doctrine in light of its decisions in Dick’s Sporting Goods, Inc. v. Webb, 413 S.W.3d 891 (Ky. 2013), and Shelton v. Kentucky Easter Seals Soc., Inc., 413 S.W.3d 901 (Ky. 2013).

We hold Smith did not have sufficient control and supervision of the Speedway premises to be individually liable and, therefore, the action against her must be dismissed. Likewise, the claim against Speedway must be dismissed because the condition of the parking lot was open and obvious and was not a condition that created an unreasonable risk of harm.

Based on the foregoing, we reverse the findings of fact, conclusions of law, and judgment of the Clay Circuit Court and remand for proceedings consistent with this opinion.

 Criminal Law, Diversion Revocation
RAYCHELL STILGENBAUER VS. COM. OF KENTUCKY
COA, Published 9/26/2014 Dismissing.  Opinion by PJ Vanmeter

VANMETER, JUDGE: Raychel Stilgenbauer appeals from the Boyd Circuit Court’s order revoking her diversion, adjudicating her guilty of first-degree possession of a controlled substance, and imposing a five-year sentence of imprisonment. For the following reasons, we affirm.

Upon review of the record and applicable law, we are unable to say that the trial court exceeded its authority by modifying the diversion agreement to include completion of drug court as a condition.  Moreover, the trial court did not abuse its discretion by revoking Stilgenbauer’s diversion for failure to complete drug court as ordered.

KYLE CHANCE VS. MARY QUEEN OF HEAVEN PARTIES
COA, Affirming Trial Judge’s Dismissal in Boone County

As a threshold matter, in order for this Court to find that MQH and the Diocese owed a duty to the Chances under premises liability law, the injuries in question must have occurred on their property. As noted, the trial court found that the pedestrian/vehicle accident occurred off MQH’s premises. Consequently, under a premises liability analysis, neither MQH nor the Diocese had any control over Kyle and Brooke Chance’s decision to park and walk on or adjacent to Donaldson Highway, a public thoroughfare outside its premises.

Reimbursable court costs to prevailing party does not in cost of copies of deposition transcripts;  nor does it include costs of “expedited transcripts” as an extraordinary service that can be ordered by the court

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