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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues