A.A. ex rel. Lewis v. Kristy Shutts

ACREE , JUDGE,

CONCURRING:

Once again, and for reasons more fully articulated in my concurrence in Carney v. Galt,3 I have no choice but to concur.

Appellate review of a summary judgment involves only legal questions. One legal question used to be: was a duty owed? Shelton 4 eliminates the need to ask that question. Since Shelton, it will always be answered in the affirmative because the Kentucky Supreme Court has—or at least most certainly appears to have—fully embraced the universal duty of care concept *352of the dissenting opinion in Palsgraf5 that for nearly a century Kentucky rejected,…