LYONS (THERESA) VS. M & K APARTMENTS, INC.
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RENDERED: MARCH 11, 2011; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2010-CA-000002-MR
THERESA LYONS
v.
APPELLANT
APPEAL FROM KENTON CIRCUIT COURT
HONORABLE PATRICIA M. SUMME, JUDGE
ACTION NO. 08-CI-00083
M & K APARTMENTS, INC.
APPELLEE
OPINION
VACATING AND REMANDING
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BEFORE: ACREE, DIXON AND KELLER, JUDGES.
DIXON, JUDGE: Theresa Lyons appeals an order of the Kenton Circuit Court
granting summary judgment in favor of M & K Apartments, Inc., in a premises
liability action. Because summary judgment was improper, we vacate the court’s
order and remand for further proceedings.
On April 6, 2007, Lyons visited an apartment leased by Rodney
Bramlage at the Sherwood Knoll Apartments, a six-building apartment complex
owned by Appellee. To enter or exit the building’s common area, guests must
navigate three to four concrete stairs, a concrete landing, and a step up through a
doorway into an entryway vestibule. The entryway is enclosed by an outwardswinging transparent glass door, hinged on the right, and a handrail is located
along the left side of the landing and stairway. When the door is open
(perpendicular to the building), the door extends beyond the edge of the concrete
landing. When Lyons arrived at the apartment building, someone held open the
entryway door for her, and she entered the building without incident.
Unfortunately, when Lyons exited the building, she opened the door and “missed”
the first step, allegedly because the door extended out past the landing. Lyons fell
forward, striking her knee on the concrete, with her upper-body landing in the
shrubbery beside the stairs. Lyons sought emergency medical treatment for her
injuries and subsequently underwent surgery to repair a broken kneecap.
On January 9, 2008, Lyons filed a complaint in Kenton Circuit Court
alleging Appellee negligently maintained the entryway of the apartment building.
Following discovery, Appellee moved for summary judgment. The court held oral
arguments, and granted summary judgment for Appellee, finding that Appellee
owed no duty to Lyons because the entryway to the common area presented an
“open and obvious” hazard. This appeal followed.
In considering a motion for summary judgment, a trial court must
view the record in a light most favorable to the non-moving party, resolving all
doubts in her favor. Steelvest, Inc. v. Scansteel Service Center, Inc., 807 S.W.2d
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476, 480 (Ky. 1991). The trial court may grant summary judgment only if it
concludes no disputed issues of material fact exist for trial. Id. On appeal of a
summary judgment, we must determine whether the trial court correctly found that
the moving party was entitled to a judgment as a matter of law. Id. Because
summary judgment involves questions of law, we need not defer to the trial court’s
conclusions; accordingly, we review the record de novo. Blevins v. Moran, 12
S.W.3d 698, 700-01 (Ky. App. 2000).
Lyons asserts that summary judgment was improper because Appellee
owed her a duty of care pursuant to a landlord-tenant relationship and questions of
fact existed as to Appellee’s alleged breach of that duty. We agree.
“A landlord owes a duty to exercise reasonable diligence to keep
common areas retained under the landlord's control in a safe condition for the
tenants.” Davis v. Coleman Management Co., 765 S.W.2d 37, 38 (Ky. App. 1989).
A landlord owes the same duty of care to the guest of a tenant. Clary v. Hayes,
300 Ky. 853, 190 S.W.2d 657, 659 (Ky. 1945). Pursuant to this general rule,
Appellee was obligated to keep the entryway in a safe condition for the benefit of
its tenants and their guests. The trial court concluded that Appellee was relieved of
its duty because the condition of the entryway was “open and obvious” as a matter
of law. We believe this was an erroneous conclusion in light of the landlord-tenant
relationship, because, even if a tenant knew or should have known of an unsafe
condition on the premises, the landlord is not automatically absolved of liability.
Davis, 765 S.W.2d at 39; cf., Ky. River Med. Ctr. v. McIntosh, 319 S.W.3d 385,
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393-94 (Ky. 2010). Instead, the actions of both landlord and tenant “should be
evaluated according to what is reasonable under all the circumstances.” Id.
Lyons contends the entryway was unsafe because the door swung
outward, extending over the first step and obscuring the step-off from the doorway
threshold to the landing. Lyons introduced the deposition testimony of Thomas
Huey, Jr., a principal of M & K, acknowledging that, in one of the other buildings,
a maintenance person had painted the entryway yellow at the request of an elderly
resident with poor vision. Further, in an addendum to Huey’s deposition, he
acknowledged that someone had fallen on the stairs before, and a handrail was
installed after that incident. Lyons also presented a preliminary expert opinion
indicating the design and construction of the entryway constituted an unsafe
condition which caused her injury.
Viewing the record in the light most favorable to Lyons, we conclude
she presented genuine issues of material fact regarding the cause of her fall and
whether the entryway presented an unsafe condition on Appellee’s premises. See
Eggen v. Hickman, 274 Ky. 550, 119 S.W.2d 633 (Ky. App. 1938). Because
disputed issues of fact exist, summary judgment was improper.
For the reasons stated herein, we vacate the Kenton Circuit Court’s
order of summary judgment and remand this case for further proceedings.
ACREE, JUDGE, CONCURS.
KELLER, JUDGE, CONCURS IN RESULT ONLY.
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BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Robert L. Poole
Jillian M. Scheyer
Crescent Springs, Kentucky
Judd R. Uhl
Covington, Kentucky
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