Bench & Bar

SEP 2014

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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ice and snow presented to invitees and sought to protect against it." 31 Likewise, it was foreseeable that invitees might park in the rear of the store, thereby encountering the risk of falling on the ice. The Court held that the jury must decide whether Circle K breached its duty of reasonable care. The Supreme Court continues to say that summary judgment may be appropriate in s ome slip and fall cases where the hazard is open and obvious. Nonetheless, it has be- come clear that this class of cases has been s ignificantly narrowed. No longer may a de- fendant obtain summary judgment simply by saying the hazard is obvious. In the over- whelming majority of cases, the obvious- ness of the hazard is now but one factor for a jury to consider in determining whether the defendant breached its duty to provide a safe premises. Ed Massey is a graduate of Salmon P. Chase Col- lege of Law where he received his J.D. in 1992. He has practiced law in the tri-state area for over 21 years. Massey is admitted to practice in all Courts of Kentucky, Ohio and Indiana. He is also li- censed in the 6th Circuit Court of Appeals; 7th Circuit Court of Appeals; 11th Circuit Court of Appeals and the United States Supreme Court. Memberships include the Kentucky, Ohio, Indi- ana, and Northern Kentucky Bar associations, as well as the Kentucky Justice Association, Leadership Kentucky Alumni Association (2004) and the Chase Inn of Court. Massey is a partner in the firm of Blankenship Massey & Associates. He practices in many areas of law including bankruptcy, social security, educa- tion, military, workers' compensation, criminal, domestic and personal injury. Recently he has been involved in several Courts Martial pro- ceedings involving members of the United States Military. Randy J. Blankenship is a magna cum laude graduate of Chase Col- lege of Law, where he graduated first in his class. He is admitted to practice in Ohio and Kentucky. He is also ad- mitted to practice be- fore the United States District Court (U.S. District Court Southern District of Ohio, U.S. District Court Northern District of Ohio, U.S. District Court Eastern District of Kentucky, U.S. District Court Western District of Kentucky, and U.S. District Court Southern District of Indiana) and the United States Court of Appeals (U.S. Court of Appeals 6th Circuit and U.S. Court of Appeals 7th Circuit), and the United States Supreme Court. Blankenship has more than 20-years experience in civil litigation, including personal injury, employment law, consumer protection, business litigation and family law. He is involved in many social activities includ- ing membership on the Erlanger City Council and on the boards of the Erlanger Housing and Development Corporation and Envision Learning Center. 1 R estatement (Second) of Torts §332(3) (A.L.I. 1965). 2 McDonald v. Talbott, 447 S.W.2d, 84, 86 (Ky. 1 969). 3 Johnson v. Lone Star Steakhouse and Saloon of Kentucky, Inc., 997 S.W.2d 490, 492 (Ky. App. 1 999), quoting, Bonn v. Sears Roebuck & Co., 440 S.W.2d 526, 528 (Ky. 1969). 4 433 S.W.2d 856, 858 (Ky. 1968). 5 6 S.W.3d 829 (Ky. 1999). 6 372 S.W.2d 789 (Ky. 1963), Layman v. Ben Snyder, I nc., 305 S.W.2d 319 (Ky. 1957). 7 8 02 So.2d 315 (Fla. 2001). 8 984 S.W.2d 485 (Ky. 1998). 9 2001-CA-002256-MR (Ky. App. February 27, 2004). 10 2 51 Kan. 700, 709-711, 840 P.2d 463 (Kan. 1992). 1 1 99 S.W.3d, 431 (Ky. 2003). 12 unreported, Case No. 3:08-CV-441-H (W.D. Ky. D ecember 18, 2009). A consumer tripped over an artificial putting green set up in the middle of the s tore's aisle. Judge Heyburn denied summary j udgment, holding a jury question was presented as to whether the hazard was open and obvious, a s the consumer's attention could have been dis- tracted by other displays. 13 170 S.W.3d 364 (Ky. 2005). 14 1 70 S.W.3d at 367. 15 I d. 1 6 Id., at 367-368, citing, Restatement § 343, Com- m ent f. 17 I d., at 369. 1 8 3 19 S.W.3d 385 (Ky. 2010). 19 Id., at 389. 20 Id., at 392. 21 Id., at 389-390. 2 2 4 13 S.W.3d 901 (Ky. 2013). 23 413 S.W.3d 891 (Ky. 2013). 24 Internal quotes omitted; emphasis in original. 2 5 No. 2012-CA-000134-MR (Ky. App. May 30, 2 014). 26 Id. 2 7 No. 2012-CA-001107-MR (March 14, 2014). 28 No. 20130CA-000289-MR (June 20, 2014). 2 9 I d. 30 Id. 3 1 Id. 11 B&B; • 9.14 $ PXOWLRI¿FH ODZ ¿UP LV VHHNLQJ $77251(<6IRULWV/RXLVYLOOHDQG /H[LQJWRQRI¿FH0XVWKDYHH[SHUL HQFH LQ FLYLO WULDO DQGRU LQVXUDQFH GHIHQVHOLWLJDWLRQ3RUWDEOHERRNRI EXVLQHVVLVDSOXV 4XLQWDLURV3ULHWR:RRG %R\HU3$ $WWRUQH\VDW/DZ (PDLOUHVXPHWRUHVXPH#TSZEODZFRP

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