Glasgow Realty Co. v. Metcalf

482 S.W.2d 750 (1972)

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Nature of the Case

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Facts

D owns a three-story building that stands flush with the sidewalk on the public square and in Glasgow, Kentucky. The first floor is leased to merchants, the second floor as offices, and the third floor is divided into apartments. Nine-year-old Marty was visiting his grandmother's apartment and wandered into a nearby apartment occupied by the Mayo family. Marty discovered that there was a street fair that day and quickly went to the window and 'hollered' at other kids below. This upset seventeen-year-old Linda who wanted to pull the raised sash down to abate Marty's conduct. Marty placed both hands against the glass, either to prevent the closing of the window or to assist Linda in closing it and the glass of the lower sash broke and fell to the sidewalk, striking an awning above the first floor causing the glass to further shatter. Numerous people, including P, were milling about the sidewalk when the glass fell. The crowd stampeded to avoid the falling glass. Some unknown person ran into P, knocked her down, and fractured her hip. P's injuries proved to be more serious than anticipated. She required constant care for over seven months and proved special damages of about $7,500. Testimony also indicated that she is 25 to 35 percent permanently disabled. P got the verdict and D appealed.