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McKINLEY v. CIRCLE K

No. 2013-CA-000289-MR.

435 S.W.3d 77 (2014)

Donald McKINLEY, Appellant v. CIRCLE K, Appellee.

Court of Appeals of Kentucky.

June 20, 2014.

Attorney(s) appearing for the Case

George R. Carter , Louisville, KY, for appellant.

A. Pete Pullen , Francisco Savinon, Louisville, KY, for appellee.

Before COMBS, DIXON, and VANMETER, Judges.

OPINION

VANMETER, Judge:

Donald McKinley appeals from the Jefferson Circuit Court's order granting summary judgment in favor of Circle K. For the following reasons, we reverse and remand.

On December 17, 2010, McKinley entered Circle K to purchase a lottery ticket. He parked in the rear of the store in a lot not marked for parking, but where he says he and others have parked regularly for years. The day before, December 16, a snowstorm hit...

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