Draper v. Trace Creek Girls' Softball, Inc.

MAZE, JUDGE, CONCURRING:

I fully agree with the reasoning and the result of the majority opinion, but I write separately to add an additional point. As the majority correctly notes, the controlling issue in this case turns on whether the City and Trace Creek league qualify as "owners" of the ball field for purposes of recreational-use immunity under KRS 411.190. It is obvious that the City is an owner of the park. As for Trace Creek league, KRS 411.190(1)(b) defines owner to mean "the possessor of a fee, reversionary, or easement interest, a tenant, lessee, occupant, or person in control of…