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KENTUCKY CENTER FOR THE ARTS v. BERNS

Nos. 89-SC-898-DG, 90-SC-057-DG.

801 S.W.2d 327 (1990)

KENTUCKY CENTER FOR THE ARTS CORPORATION, Movant, v. Hendrik J. BERNS, Respondent. and Hendrik J. BERNS, Movant, v. KENTUCKY CENTER FOR THE ARTS CORPORATION, Respondent.

Supreme Court of Kentucky.

As Modified January 17, 1991.

Attorney(s) appearing for the Case

Richard G. Segal, Eileen Walsh, Louisville, for movant Ky. Center for the Arts.

C. Thomas Hectus, Ken Nevitt, Williams & Wagoner, Louisville, for respondent Berns.

LEIBSON, Justice.

In November, 1987, Hendrik J. Berns filed suit in Jefferson Circuit Court alleging he fell and sustained permanent injuries at the Kentucky Center for the Arts, 530 W. Main Street, Louisville, Kentucky, when a railing on the steps loosened and came out while he was attempting to use it for balance.

The issues in this case involve sovereign immunity: first, whether the Kentucky Center for the Arts Corporation is immune from liability for negligence...

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