James Carter v. Bullitt Host, LLC (d/b/a Holiday Inn Express)

Summary

The court held that the former rule barring liability for obvious natural outdoor hazards was no longer viable after Kentucky adopted comparative fault. Open-and-obvious conditions, including naturally occurring snow and ice, must instead be evaluated under ordinary negligence principles, with any fault apportioned among the parties. Because factual disputes remained regarding the hotel's conduct and Carter's own care, the court reversed summary judgment and remanded. Justice Venters, dissenting, would have retained the former rule and affirmed.