Legal Opinion

Boland-Maloney Lumber Co. v. Burnett

Court of Appeals of Kentucky

Decided September 11, 2009No. Nos. 2008-CA-000059-MR, 2008-CA-000299-MRPublishedCited by 26 opinions

1Opinion of the Court

OPINION

WINE, Judge.

The appellant, Boland-Maloney Lumber Company, Inc. (hereinafter “Boland-Malo-ney”), appeals to this Court from a jury verdict in a negligence action involving an injury which occurred on a staircase. Bo-land-Maloney argues that the appellee Douglas Burnett failed to present a prima facie case of negligence against it, that the trial court denied Boland-Maloney its fundamental right to apportionment against a dismissed codefendant, and that it is entitled to a new trial. We disagree. Douglas Burnett cross-appeals, arguing that he is entitled to a new trial on the sole issue…

2Cases cited25 opinions

  1. Hamling v. United StatesSupreme Court of the United States · 1974
  2. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  3. Scifres v. KraftCourt of Appeals of Kentucky · 1996
  4. Goodyear Tire and Rubber Co. v. ThompsonKentucky Supreme Court · 2000
  5. Pathways, Inc. v. HammonsKentucky Supreme Court · 2003

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3Cited by26 opinions

  1. Kendall v. GodbeyCourt of Appeals of Kentucky · 2017
  2. Southard v. BelangerDistrict Court, W.D. Kentucky · 2013
  3. Brooks v. Seaton Place Homeowners Ass'nCourt of Appeals of Kentucky · 2017
  4. Gleason v. NighswanderCourt of Appeals of Kentucky · 2016
  5. Bradley v. BSL Express Trucking, Inc.District Court, W.D. Kentucky · 2025

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