In January of 2015, the United States District Court for the Western District of Kentucky decided a case involving a Kentucky slip and fall plaintiff who claims she suffered serious and permanent injuries to her right side and right foot. (See Fulcher v. USA, 2015 WL 362473 (W.D. Ky 2015)). This case was brought under the Federal Tort Claims Act in that the USA was the defendant. A bench trial was held.
In this Kentucky slip and fall case, the plaintiff ended up prevailing for the following reasons. First of all “Kentucky law does not render an establishment absolutely liable to invitees onto its premises; however, it must exercise ordinary care to prevent injuries… Specifically, Kentucky law requires a property owner to exercise reasonable care to protect invitees from hazardous conditions that he was aware of or should have discovered and that the invitee could not be expected to discover.” (cites omitted).
The defendant in this Kentucky slip and fall case had an affirmative duty to maintain the entryway in a reasonably safe manner for its patrons. Id.
Another issue in this Kentucky slip and fall case was whether or not the plaintiff was actually injured as a result of the slip and fall. A plaintiff must prove medical causation by a reasonable medical probability by using expert medical testimony. (cites omitted). “A report is not required when a treating physician testifies within a permissive core on issues pertaining to treatment.” Id.
Also, the plaintiff in its original paperwork asked for one number but at trial asked for a higher number. The defendant’s Kentucky slip and fall attorney objected. The court allowed the plaintiff’s Kentucky slip and fall attorney to get the higher number in that the court held that the plaintiff had put the defendant that the number for the medical records might be higher but at that time, she did not know exactly what the amount was for the medical bills.
Finally, there was a collateral source issue. “Kentucky’s collateral source rule permits Fulcher to recover those amounts charged by her medical providers without reduction by payments made on her behalf by her insurance carrier. As the Kentucky Supreme Court has noted, the fact that a public insurance program contracted with a physician to provide discounted care does not relieve a tortfeasor from negligence or the duty to pay the reasonable value of the resultant medical expenses. Instead the plaintiff may seek recovery for the reasonable value of medical services without consideration of insurance (or Medicare) payments.” (cites omitted).
If you have been the subject of a Kentucky Slip and Fall Case, please call and speak to a Kentucky slip and fall attorney at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
If you are injured…Ask Andrew!!!