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Inmate’s negligence suit may continue, court rules

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The Indiana Court of Appeals ordered more proceedings on a negligence lawsuit filed by an Indiana Department of Correction inmate after he fell and injured himself. In the decision, the judges also decided that prison operators are subject to liability in much the same manner as other private actors.

Inmate John Kader has difficulty lifting his right foot off the ground while walking. In September 2007, he fell while walking through the New Castle Correctional Facility and hit his head. He claimed his foot caught on an uneven floor grate. He was transferred to the hospital for treatment. The hospital recommended follow-up treatment for his head injury, which neither the Department of Correction nor The GEO Group, a private corporation which operated the prison, took action on.

Kader sued the state, DOC and GEO alleging negligent supervision, negligent installation of the floor grate and negligence in providing medical care after returning from the hospital. The trial court granted summary judgment in favor of GEO.

In John Kader v. State of Indiana, Department of Correction, and The Geo Group, Inc., 33A01-1302-CT-72, the Court of Appeals affirmed summary judgment for GEO on Kader’s duty of care regarding his medical treatment after leaving the hospital, finding the state and DOC have the ultimate authority over his medical treatment.

But the judges reversed summary judgment on several other matters. They found the trial court abused its discretion in striking the entirety of LaDarryl Holland’s affidavit, which Kader designated as evidentiary material in response for the motion for summary judgment filed by the defendants. Holland was the inmate clerk in charge of cleaning the hallway where the floor grate in question was located and saw Kader fall.

The trial court also found Kader’s walking without a cane or wheelchair amounted to contributory negligence, but the COA held prison operator GEO, as a private business, is not entitled to relief from liability under a contributory negligence defense. Prison operators do not merely stand in the shoes of a government body for purposes of liability at tort.

The appellate judges found the trial court’s assessment of the credibility of testimony and factual determination that Kader’s conduct was contributorily negligent because he did not use a cane or wheelchair were both in error. His claims against GEP should be treated within the scope of comparative, not contributory, negligence, Judge L. Mark Bailey wrote.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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