December 2021, Pike County, KY

Darnell, v. United Steel Workers of America, et al. Joshua Leckrone and Zack Turpin successfully obtained summary judgment in a slip and fall action for their clients, a labor union and its president. The Plaintiff claimed to have fallen as a result of condensation that had accumulated on the floor due to an allegedly defective air conditioning unit while she was visiting a tenant of an apartment complex. Plaintiff filed suit against several individuals and entities, including the labor union and its president, and alleged that each defendant owned, operated, or had control of the subject premises where Plaintiff allegedly fell. Plaintiff also claimed the president of the labor union had decision making control over the day-to-day operations at the apartment complex based on personal dealings. The president of the labor union also served as the Registered Agent of the entity who in fact owned the apartment complex. The Court dismissed Plaintiff’s claims against the labor union and its president because it determined that neither she, nor the labor union, owned or exhibited sufficient control over the day to day decision making at the complex to potentially be liable.