Kirschner v. Louisville Gas & Electric Co.

Respectfully, I dissent.

We cannot hope to get the right answer in this case if we do not understand the question. The question is whether, because of the trespasser statute (KRS 381.-232), Louisville Gas & Electric Company (hereinafter “LG & E”) enjoys immunity from paying its fair share of responsibility for this occurrence, if it can be proved, as alleged, that LG & E was wholly or partially at fault.

The real issues in this case are:

1) Is the trespass statute constitutional?

2) If not, is there common law immunity?

3) Is this a summary judgment case?

The first question is the constitutionality…