Bryant v. Jefferson Mall Co.

486 S.W.3d 310, 2015 Ky. App. LEXIS 192, 2015 WL 2153209, 2015 Ky. App. Unpub. LEXIS 317
CourtCourt of Appeals of Kentucky
DecidedMay 8, 2015
DocketNO. 2014-CA-000264-MR
StatusPublished
Cited by4 cases

This text of 486 S.W.3d 310 (Bryant v. Jefferson Mall Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryant v. Jefferson Mall Co., 486 S.W.3d 310, 2015 Ky. App. LEXIS 192, 2015 WL 2153209, 2015 Ky. App. Unpub. LEXIS 317 (Ky. Ct. App. 2015).

Opinion

OPINION

D. LAMBERT, JUDGE:

The Jefferson Circuit Court dismissed Johnnie Bryant’s (“Ms.Bryant”) premises liability action against Jefferson Mall (“the Mall”) via summary judgment. Ms. Biyant now appeals this decision. Upon review of the record, we affirm.'

■ The Mall opens at 9:00 a.m. every weekday morning. Anyone wishing to mall walk in the Mall, i.e., walk through its interior hallways as a form of exercise, may. do so for one hour before the Mall’s individual shops open at 10:00 a.m. The Mall began this practice in 1998 and has never charged a fee for this convenience.

As a part of her routine,. Ms. Bryant walked in the Mall every other weekday morning. She walked a usual route for multiple laps during the designated walking hour. At approximately 9:50 a.m. on the rainy morning of January 11, 2012, Ms. Bryant allegedly slipped on a puddle of water and fell. She and two fellow mall walkers were on their fourth lap at the time. , She did not see any water in the floor on the three previous laps and did not notice any signs or warnings posted in the vicinity alerting her of a wet floor. Ms. Bryant was not shopping at the time of her fall, as the individual shops within the Mall were closed, but she .did intend to shop after finishing her walk.

On December 13, 2012, Ms. Bryant filed suit against the Mall for the injuries she [312]*312allegedly sustained as a result of her fall. Her complaint alleged the Mall negligently maintained its premises. The Mall countered in a summary judgment motion that they did not have a duty under Kentucky Revised Statutes (KRS) 411.190 — the recreational use statute — to warn mall walkers of dangerous conditions on the premises or otherwise make the premises safe for them. After a thorough analysis of KRS 411.190, the circuit court granted the Mali’s motion. This appeal followed.

When reviewing a trial court’s award of summary judgment, the standard “is whether the trial court correctly found that there were no genuine issues as to any material fact and that the moving party was entitled to judgment as a matter of law.” Scifres v. Kraft, 916 S.W.2d 779, 781 (Ky.App.1996). This Court must view the record in a light most favorable to the nonmoving party and resolve all doubts in her favor. Steelvest, Inc. v. Scansteel Serv. Ctr., Inc., 807 S.W.2d 476, 480 (Ky.1991). Since only legal questions and the existence of any disputed material issues of fact are involved, the trial court’s decision receives no deference. Lewis v. B & R Corporation, 56 S.W.3d 432, 436 (Ky.App. 2001).

Under Kentucky law, a plaintiff must prove the following to establish a prima facie negligence claim: (1) the defendant owed the plaintiff a duty of care, (2) the defendant breached the standard by which his or her duty is measured, and (3) consequent injury. Pathways, Inc. v. Hammons, 113 S.W.3d 85, 88 (Ky.2003). If the plaintiff cannot prove the defendant owed her a duty of care, then the defendant is entitled to judgment as a matter of law. Hammons, 113 S.W.3d at 89 (citing Ashcraft v. Peoples Liberty Bank & Trust Co., Inc., 724 S.W.2d 228, 229 (Ky.App. 1986)).

A landowner is ordinarily subject to a general duty to exercise reasonable care with respect to those who visit his or her property. Perry v. Williamson, 824 S.W.2d 869, 875 (Ky. 1992). Historically, Kentucky courts labeled visitors upon land as trespassers, licensees or invitees and reasoned from that label to determine whether the possessor of land exercised reasonable care. Id. “A trespasser ... [came] upon the land without any legal right to do so, a licensee ... [came] upon land with the consent of the possessor of the land and an invitee ... [came] upon the land in some capacity connected with the business of the possessor.” Hardin v. Harris, 507 S.W.2d 172, 174 (Ky.1974). Today, however, Kentucky courts consider a plaintiffs traditional status along with other circumstances such as “foreseeability, the gravity of the potential harm, and the possessor’s right to control his property” to determine the extent of the duty. Perry, 824 S.W.2d at 875.

In instances where a landowner makes his or her land or water available at no charge to the public for recreational purposes, KRS 411.190 supersedes this case law and limits the liability of the landowner. That statute reads in pertinent part:

(1) As used in this section:
(a) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;
(b) “Owner” means the possessor of a fee, reversionary, or easement interest, a tenant, lessee, occupant, or person in control of the premises;
(c) “Recreational purpose” includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swim[313]*313ming, boating, canaping, picnicking, hiking, bicycling,. horseback riding, pleasure driving, nature study, water-skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites; and
(d) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land but does not include fees for general use-permits issued, by a government agency for access to public lands if the permits are valid for a period of not less than thirty (30) days.
‡ ⅜ ⅜ ⅜
(3) Except as specifically recognized by or provided in subsection (6) of this section, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for such purposes.
(4) Except as specifically recognized by or provided in subsection (6) of this section, an owner of land who either directly or indirectly invites or permits without charge any person .to use the property for recreation purposes does not thereby:
(a) Extend .any assurance that the premises are safe for any purpose;
(b) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or
⅜ ⅝ ⅝ ⅝
(6) Nothing in this section limits in any way any liability which otherwise exists:

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Bluebook (online)
486 S.W.3d 310, 2015 Ky. App. LEXIS 192, 2015 WL 2153209, 2015 Ky. App. Unpub. LEXIS 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-jefferson-mall-co-kyctapp-2015.