Kentucky River Medical Center v. McIntosh

Opinion of the Court by

Justice NOBLE.

Kentucky River Medical Center and Jackson Hospital Corporation (collectively “the Hospital”) appeal from a decision of the Court of Appeals, which affirmed a judgment of the Breathitt Circuit Court. The principal issue on appeal is whether the trial court should have granted the Hospital’s motion for a judgment notwithstanding the verdict because the open and obvious doctrine barred the plaintiffs recovery as a matter of law. For the following reasons, the Court of Appeals is affirmed.

I. Background

On May 27, 2004, McIntosh, a trained and licensed…