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Casino patron hurt in fall on ice has self to blame, appeals court rules

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A casino patron who passed beneath caution tape and then broke his pelvis in a fall on a snowy and icy parking surface lost his appeal challenging summary judgment in favor of the casino, which had cordoned off that portion of a parking deck.

Charles Pickering argued that the Horseshoe Southern Indiana riverboat casino in the Harrison County town of Elizabeth owed a premises liability duty to protect patrons from a snow- and ice-covered parking area where it was clear through footprints that other patrons had tread.

The casino had placed barricades and caution tape across that part of the parking structure exposed to the elements, and the Court of Appeals found the grant of summary judgment by the trial court was not error because those actions had decreased Pickering’s level of peril.

“The evidence clearly establishes that Pickering knew that he was at risk of falling when he decided to duck underneath the caution tape and venture up the snow-covered ramp. Therefore, Pickering incurred the risk of his injuries as a matter of law,” Judge Elaine Brown wrote for the court in Charles Pickering v. Caesars Riverboat Casino, LLC d/b/a Horseshoe Southern Indiana, 31A01-1209-CT-429.
 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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