# Goldsmith v. Allied Building Components, Inc.

> Kentucky Supreme Court · June 25, 1992 · 833 S.W.2d 378

URL: https://www.frixlaw.com/law-library/cases/9760915

## Case

- **Full name:** Terry D. GOLDSMITH and Kimberly Goldsmith, Appellants, v. ALLIED BUILDING COMPONENTS, INC., Appellee
- **Court:** Kentucky Supreme Court
- **Decided:** June 25, 1992
- **Citations:** 833 S.W.2d 378; 1992 Ky. LEXIS 99; 1992 WL 141753
- **Precedential status:** Published
- **Opinion:** Dissent by Parker
- **Judges:** Lambert, Stephens, Combs, Leibson, Spain, Parker, Wintersheimer
- **Cited by:** 106 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9760915

## How later opinions describe it (automated extraction)

- stating that "[m]anifestly, the determination by a court that a party may not contradict an admission is strong medicine and should be sparingly administered.... [The rule] 'should be applied with caution because of the variable nature of testimony and because of the ever pres…
- holding that judicial admissions may be disproved by other evidence and “should be sparingly administered.”

## Opinion text

WILLIAM J. PARKER, Special Justice,
dissenting.
I respectfully dissent.
For some time, the legal profession and the judicial system have been burdened by twin devils — costs and delay. To retry this cause of action at this point in time from the beginning would only compound that curse. The outcome both at the trial level and in the Court of Appeals was proper; the Court of Appeals simply stated the incorrect standard to be applied to reach its result.
There certainly was loose communication by both appellant and appellee as to the name “Allied,” but considering the record as a whole, the “up the ladder” defense was appropriately applied. The claim of Mrs. Terry D. Goldsmith should be barred by KRS 342.090. There were no valid judicial admissions.
I would affirm.
WINTERSHEIMER, J., joins this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9760915. Public record. Not legal advice.