Teresa Grubb and Randy Grubb v. Roxanne Smith and Speedway Superamerica LLC

Summary

The Kentucky Supreme Court held that the open-and-obvious character of the eroded asphalt did not bar the Grubbs’ premises-liability claims as a matter of law because comparative fault generally leaves the reasonableness of the risk for the factfinder. It further held that store manager Roxanne Smith lacked sufficient control over the premises to be individually liable, that the recusal motion was properly denied, and that the trial court plainly erred by failing to apportion Teresa Grubb’s comparative fault. Justice Cunningham, dissenting in part, would have retained the open-and-obvious bar; Justice Venters, joined by Keller and Wright, would have allowed Smith’s individual-liability claim; and Justice Wright, concurring in part and dissenting in part, would have left the amount of Teresa’s fault entirely to the trial court.