Bartley v. Educational Training Systems, Inc.

Concurring opinion by

Justice KELLER.

I joined Justice Johnstone’s dissenting opinion in Lanier v. Wal-Mart Stores, *617Inc.1 because I believed then — and I continue to believe — that the burden of proof in slip and fall cases should remain with the plaintiff and that this Court erred in overruling Kentucky’s well-established common law on premises liability. I recognize, however, that a majority of this Court concluded otherwise and held that “the issues of causation and notice should be treated not as elements of the customer’s case, but as affirmative defenses of the proprietor.”2 I am also…