Legal Opinion · Concurrence

Carney v. Galt

Court of Appeals of Kentucky

Decided January 27, 2017No. 2014-CA-001124-MRPublished

1Concurrence

ACREE, JUDGE,

CONCURRING:

I am tempted to dissent with regard to the appellee, Galt, by quoting Perry v. Williamson for the principle that, at best, appellant Carney was a licensee and, “[i]f the hazard is obvious then it does not *513involve an unreasonable risk of harm to the licensee.” 824 S.W.2d 869, 874 (Ky. 1992) (internal quotation marks omitted). But I am compelled to concur with the majority because, counterpoised to such clear jurisprudence, we have McIntosh6 and its progeny.

Frankly, the Supreme Court already has tipped its hand. A majority of our justices read Perry v. Williamson as…

2Cases cited20 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Doug Satterfield v. Breeding Insulation CompanyTennessee Supreme Court · 2008
  3. Pathways, Inc. v. HammonsKentucky Supreme Court · 2003
  4. Shelton v. Kentucky Easter Seals Society, Inc.Kentucky Supreme Court · 2013
  5. April Goodwin, Tiffany Randolph and Javon Washington v. Yeakle's Sports Bar and Grill, Inc.Indiana Supreme Court · 2016

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