Date: 03-08-1996

Case Style: Laydell Silcox v. City of Louisville

Case Number: 1996-CA-001362-MR

Judge: Geoffrey P. Morris

Court: Jefferson Circuit Court, Jefferson County

Plaintiff's Attorney: Harris J. Berman, Louisville, Kentucky

Defendant's Attorney: William C. Stone and Thomas Lukins, Louisville, Kentucky

Description: Personal Injury - Municipality (Immunity) - Kentucky Recreational Use Statute (411.190) - On June 12, 1994, the plaintiff, Laydell Silcox and several friends drove to Otter Creek Park, which is owned by the City. Silcox entered the park at the Garnettsville Picnic Area entrance which displays a sign stating "Entrance Fee 2.00 Per Car." Testimony given revealed that a charge is assessed for entry into this park at specified times of the weekends in order to control traffic during peak hours. Several other entrances to the same park are accessible to pedestrians and bicyclists free of charge. After hiking to Otter Creek, Silcox jumped into the muddy creek water from a five foot embankment and sustained a severe injury to his heel and foot. Silcox filed suit to recover damages for the injuries he received. During trial, the City moved for a directed verdict on the ground that the Kentucky Recreational Use Statute (KRS 411.190) rendered it immune to Silcox's complaint and that the City had no duty to warn Silcox of open and obvious hazards at common law.

Outcome: The trial court denied the City's motion; Plaintiff's judgment for $18,314.42.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reversed and remanded by the Court of Appeals of Kentucky on the basis that the two dollar parking fee imposed on cars in parking lot of city park does not constitute a "charge" as written in the Recreational Use Statute, thereby not nullifying the City's immunity from liability. See: Ky.App., 977 S.W.2d 254. Reported by kkm