Wilma Jean Shelton v. Kentucky Easter Seals Society, Inc.

Summary

The court reversed summary judgment for Cardinal Hill, holding that an open-and-obvious condition does not eliminate a land possessor's duty of reasonable care to an invitee. The condition instead bears on breach, foreseeability, causation, and comparative fault, ordinarily matters for the jury unless reasonable minds could reach only one conclusion. Because material facts remained concerning whether Cardinal Hill could have reasonably arranged, warned about, or otherwise addressed the wires, the claim had to proceed. Justice Cunningham, dissenting and joined by Justice Scott, would have retained the open-and-obvious rule as a no-duty doctrine because of its perceived effects on health-care costs and visitation policies.