Henderson v. Reid Hospital & Healthcare Services - 7/15/14

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Tuesday  July 15, 2014 
1:30 PM  EST

1:30 p.m. 89A04-1311-CT-550. This case involves an appeal from the trial court's grant of summary judgment in favor of Reid Hospital and Healthcare Services in a case brought by Lori Henderson for injuries sustained when she fell on snow and ice in the Hospital's parking lot. Henderson contends that the trial court erred because material issues of fact exist and summary judgment was improperly granted. Specifically, Henderson argues that issues of fact exist as to whether the Hospital had sufficient opportunity to learn of the ice accumulation and rid the parking lot of the risk. She claims that the trial court incorrectly held that the Hospital did not have a duty to her, as an invitee, to remove the snow or ice until the precipitation had ceased and that controlling authority in Indiana, which adopted a reasonableness standard for determining whether a landowner exercised ordinary care in removing the natural accumulation of ice and snow on the premises, does not require the weather event at issue to cease before a landowner has a duty to an invitee to exercise reasonable care to remove the snow or ice.

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

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  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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