Kentucky River Medical Center v. McIntosh
Kentucky Supreme Court
319 S.W.3d 385 (2010)
Irene McIntosh (plaintiff), a licensed paramedic who had guided hundreds of patients into Kentucky River Medical Center's (defendant) emergency room without incident, tripped over a steep curb at the ER entrance — a design unique among regional hospitals — while focused entirely on guiding a critically ill patient inside, suffering injuries. She sued alleging the curb was an unreasonably dangerous condition; the hospital argued the "open and obvious" doctrine barred her claim, but the trial court denied summary judgment, the jury found the hospital liable, and the court of appeals affirmed. The Kentucky Supreme Court granted review.
Whether, in Kentucky, an open and obvious danger precludes imposition of liability on a possessor of land unless the possessor is able to anticipate the harm that may be caused by the apparent danger.