Smith v. City of Louisville

DAVIS, Commissioner.

The trial court entered summary judgment dismissing appellant’s complaint against the City of Louisville in her suit for damages arising from her falling on a sidewalk. A phase of this matter was before this court in Smith v. Klarer Company, Ky., 405 S.W.2d 736.

The trial court based its summary judgment against the appellant on the ground that it was conclusively shown that appellant had fallen at a place on the sidewalk built by and under the control of The Klarer Company. The trial court concluded that the sidewalk was under the control of Klarer and that the city had…