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COA reverses judgment for apartment manager in negligence case

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In ruling on a slip-and-fall case involving injury occurring in an apartment complex parking lot during the winter, the Indiana Court of Appeals noted that there are not any Indiana cases with an identical fact pattern, so they looked to a similar Missouri case for guidance.

In Brenda Bell v. Grandville Cooperative, Inc., et al., No. 49A04-1101-CT-2, Brenda Bell appealed the summary judgment in favor of Grandville Cooperative and Kirkpatrick Management Co. in her personal injury negligence action against Grandville. Bell went to her daughter’s apartment complex around 4 p.m. Feb. 21, 2007, to babysit her grandchild. The apartment was owned and managed by Grandville. Piles of snow had been melting during the day and refreezing at night for several days, including the area where Bell parked. The management knew of the issue and checked out areas for ice, but did not see any ice in the area Bell parked around 5 p.m.

That night, when Bell was leaving the complex, she fell on ice by her car and was injured.

The COA judges cited various cases involving negligence and weather-related injuries, but none of those cases contained similar facts as the instant case. In this case, there was an established pattern of ice forming in the apartment complex for several days, but the managers did nothing to counteract the possibility of ice forming between 5 p.m. and 8 a.m.

Citing Braun v. George C. Doering Inc., 937 S.W.2d 371, 373 (Mo. Ct. App. 1995), a very similar case out of Missouri, the Indiana judges concluded that there is a question of fact as to whether Grandville breached its duty to maintain the premises in a reasonably safe condition. In the Missouri case, the court held that defendants can’t avoid liability by simply claiming they had no actual knowledge that the particular piece of ice the plaintiff stepped on had formed that evening.

“In other words, there is a question of fact as to whether Grandville had actual or constructive knowledge of a dangerous condition on the premises — which does not require that they knew of the actual formation of the ice patch Bell slipped upon — and whether it acted reasonably in response to such knowledge,” wrote Judge Michael Barnes.

The judges were also not prepared to say as a matter of law that an apartment complex’s duty to maintain safe premises only runs during the regular working hours of the complex’s maintenance staff. They reversed summary judgment for Grandville and remanded for further proceedings.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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