WHT obtains Summary Judgment in Premises Liability Case

WHT attorneys Gregg Thornton, Max Smith and Josh Ellis obtained summary judgment on behalf of Divine Providence Inc. and Catholic Action Center in their case, Evie Edmonds v. Divine Providence Inc. and Catholic Action Center before Judge Bunnell in the Fayette Circuit Court. The Catholic Action Center is a non-profit one hundred and thirty-four bed facility in Lexington, Kentucky that provides shelter, food and access to services for Lexington’s homeless. Plaintiff had been a resident of the Center for a couple of months prior to the alleged incident. Plaintiff brought this premises liability action against Defendants, and alleged she slipped, fell and was injured as the result of a dangerous condition created and/or not maintained by the Center. Specifically, she alleged that while traversing a hallway in the Center, she slipped after stepping in a puddle of water, which was caused by a leaking water fountain. Agreeing with Defendants’ argument that residents of the Catholic Action Center are analogous to overnight guest or a member of a household, Judge Bunnell found that Plaintiff was a licensee at the time of the incident. Further agreeing with Defendants, Judge Bunnell found that Catholic Action Center did not breach any duties owed to Plaintiff (a licensee) as a matter of law. Judge Bunnell granted Defendants’ Motion for Summary Judgment and dismissed the Complaint.

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