COA: Statute of repose doesn't bar woman's complaint

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In a case of first impression, the Indiana Court of Appeals concluded that a woman’s negligence complaint isn’t barred by a statute of repose.

In Cynthia Perdue v. Greater Lafayette Health Services d/b/a Home Hospital, No. 79A05-1011-CT-687, Cynthia Perdue tripped and fell on an inverted ramp in a parking garage owned and maintained by Home Hospital. There were no markings or warnings of the change in elevation. Perdue was injured in the fall.

She sued, claiming Home Hospital was negligent in not using ordinary care to maintain the premises in a reasonably safe manner; that the company failed to actively inspect the premises to discover and fix unsafe defects; and it failed to warn of dangerous conditions created by the uneven floor in the parking garage. She claimed Home Hospital’s negligence proximately caused her injuries.

Home Hospital filed a motion for summary judgment alleging her claim was barred by Indiana Code 32-30-1-5, the statute of repose, because her injury arose out of an alleged deficiency in design or construction of the structure. That statute bars claims alleging deficiency in the design of an improvement of real property brought within the earlier of 10 years after substantial completion or 12 years after the completion and submission of plans to the owner if the action is for a deficiency in the design of the improvement. The statute also said deficiency did not mean a failure by a possessor to use reasonable care to maintain an improvement following the substantial completion of an improvement in real property.

The trial court ruled in favor of Home Hospital. Perdue argued that she doesn’t allege negligence due to an alleged deficiency in design or construction of the garage, but that her claims are based on the company’s failure to use reasonable care in maintaining its premises in a safe condition or one that protected her from harm.

This is an issue of first impression, so the judges relied on Ruddy v. Skelly, 231 P.3d 725 (Okla. Civ. App. 2009), an Oklahoma case similar to the instant one. In Ruddy, the court held that the statute of repose didn’t bar the plaintiff’s claim because it was based on common law negligence for failure to warn an invitee of a hidden danger, not liability based on design or construction defects.

The Indiana COA also cited several Indiana cases, including Burrell v. Meads, 569 N.E.2d 637, 642-43 (Ind. 1991), and Harris v. Traini, 759 N.E.2d 215, 225, (Ind. Ct. App. 2001), to reverse the lower court.

“Here, after the garage was completed and Home Hospital assumed full control of the premises, it had a duty, distinct from any duty it may have had with regard to the design and construction of the premises, either to repair dangerous conditions of the premises or to warn invitees of any danger,” wrote Judge Edward Najam.

Home Hospital hasn’t shown as a matter of law that no genuine issues of material fact exist, so it is not entitled to summary judgment. The appellate court remanded for further proceedings.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.