SCHILLING v. SCHOENLE

Nos. 88-SC-639-DG, 88-SC-640-DG and 89-SC-61-DG.

782 S.W.2d 630 (1990)

Fred SCHILLING, Appellant, v. Carolyn SCHOENLE, City of Newport, and the Aldan Company, Appellees. The ALDAN COMPANY, Appellant, v. Carolyn SCHOENLE, Fred Schilling, and City of Newport, Kentucky, Appellees. Carolyn SCHOENLE, Cross-Appellant, v. The ALDAN COMPANY, Fred Schilling, and City of Newport, Kentucky, Cross-Appellees.

Supreme Court of Kentucky.

January 18, 1990.


Attorney(s) appearing for the Case

Marc D. Mezibov, Rebecca K. Kaye, Edmund J. McKenna, Sirkin, Pinales, Mezibov & Schwartz, G. Richard Wilson, Cincinnati, Ohio, for Carolyn Schoenle.

Robert C. Cetrulo, Cetrulo & Cetrulo, P.S.C., Covington, for Fred Schilling.

Otto Daniel Wolff, Covington, for Aldan Co.

Steven J. Franzen, Asst. City Sol., Newport, for City of Newport.


VANCE, Justice.

The question is whether a city, by enacting an ordinance which requires abutting landowners to maintain sidewalks and keep them in repair, can create liability in the abutting landowner to respond in damages to a pedestrian who is injured because of the failure of the landowner to keep the sidewalk in good repair.

On January 17, 1985, the appellee and cross-appellant, Carolyn Schoenle, was injured as a result of a fall upon a sidewalk which...

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