ILNews

COA reverses judgment for apartment manager in negligence case

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

ADVERTISEMENT