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SHELTON v. KENTUCKY EASTER SEALS SOC., INC.

No. 2011-SC-000554-DG.

413 S.W.3d 901 (2013)

Wilma Jean SHELTON, Appellant v. KENTUCKY EASTER SEALS SOCIETY, INC., Appellee.

Supreme Court of Kentucky.

As Corrected November 25, 2013.

Attorney(s) appearing for the Case

Joseph T. Pepper , Louisville, George Stephen Schuhmann , Louisville, Counsel for appellant.

Gregory Kerr Jenkins , Allison Marie Helsinger , Melissa Ann Wilson , Lexington, Counsel for Appellee.

Kevin Crosby Burke , Louisville, Counsel for Amicus Curiae, Kentucky Justice Association.

Opinion of the Court by Chief Justice MINTON.

While tending to her husband during his stay in Cardinal Hill Rehabilitation Hospital,1 Wilma Jean Shelton became entangled in some wires strung along the side of his bed and fell, fracturing her kneecap. She later filed this personal injury action against Cardinal Hill, but the trial court dismissed her claim on summary judgment. The trial court reasoned that Cardinal Hill owed no duty of...

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