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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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