Kentucky River Medical Center v. McIntosh
Kentucky Supreme Court
319 S.W.3d 385 (2010)
- Written by Craig Conway, LLM
Facts
Irene McIntosh (plaintiff), a licensed paramedic, transported a critically ill patient to Jackson Hospital Corporation, doing business as Kentucky River Medical Center (KRMC) (collectively the hospital) (defendant) for treatment. While guiding the patient into the hospital’s emergency room entrance, she tripped over a steep curb and suffered injuries. McIntosh had guided hundreds of patients into the hospital on previous occasions without tripping. McIntosh filed suit against the hospital and alleged that the curb was an unreasonably dangerous condition. The hospital filed a motion for summary judgment and claimed that the “open and obvious” doctrine barred McIntosh’s claims. The trial court denied the hospital’s motion. The jury found the hospital liable and awarded McIntosh damages. The hospital appealed. The court of appeals affirmed the jury’s verdict. The Kentucky Supreme Court granted certiorari to review.
Rule of Law
Issue
Holding and Reasoning (Noble, J.)
Dissent (Schroder, J.)
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