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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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