OPINION
NICKELL, Judge:
This Court previously rendered an Opinion affirming this case. See Faller v. Endicott-Mayflower, LLC, 2009 WL 3878062 (Ky.App.2009). The case is before us again after the Kentucky Supreme Court granted discretionary review and remanded it to us for reconsideration in light of Kentucky River Medical Center v. McIntosh,
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