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Property mortgagor, managers owed no duty in case of drowned girl

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A trial court correctly dismissed a wrongful death case the mother of a 5-year-old girl filed against a mortgage company and other defendants after the child drowned in the pool of a house that had been abandoned.

Sheyenne R. Jenkins drowned in the pool of a home in the Ian’s Pointe subdivision of Avon in 2008 after she wandered away from relatives’ home a couple of properties away. Her mother sued the mortgagor, management compnay and homeowners association, and a trial court granted summary judgment in favor of defendants. The appeal is Secrena D. Erwin, individually and as Mother of Sheyenne R. Jenkins, deceased v. HSBC Mortgage Services, Inc., Ian's Pointe Homeowners Association, Inc., and R&G Management Co., Inc., et al., 32A01-1202-CT-80.

The house’s former owner had filed for bankruptcy and abandoned the house in January of that same year. Neighbors eventually complained about the deteriorating and dangerous conditions of a pool and its partially submerged cover, and a neighbor said a representative of R & G Management Co. Inc., d/b/a Community Association Services of Indiana, represented in a phone call that the situation “would be taken care of.” Court records indicate nothing was done afterward.

“Even if we were to take the leap with Mother and infer that this was an assurance that CASI would go onto the property and secure the pool, the fact is that CASI did not act upon this promise in any way,” Judge Ezra Friedlander wrote for the court.

“The trial court correctly determined as a matter of law that this is not a case of gratuitous assumption of duty. The trial court properly granted summary judgment in favor of Defendants based upon lack of duty. Because we have affirmed the grant of summary judgment on this ground, we need not reach the attractive nuisance issue addressed by the parties,” Friedlander wrote.
 

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  1. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  2. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  3. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  4. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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