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Question over who should have mown grass prevents summary judgment

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A trial court’s decision to grant summary judgment to a homeowner after a man slipped and fell on her property was overturned when the Indiana Court of Appeals found sufficient dispute over material facts.

The Court of Appeals reversed the order for summary judgment and remanded for further proceedings in Ralph Stockton v. Falls Auctioneers and Realtors and Peggy Buck as Trustee of the Peggy Buck Trust, 18A05-1304-CT-160.
 
Peggy Buck had hired Falls Auctioneers to conduct an auction of her personal property. While Ralph Stockton was at the event inspecting a lawnmower, his feet became entangled in some chains causing him to fall and break his hip. Stockton claimed he could not see the chains lying on the ground because of the lawn had not been mowed.

The Delaware Circuit Court granted summary judgment to Buck.

However, the Court of Appeals found there are questions of fact as to whether Stockton’s fall was caused, in part, by the length of the grass and whether Buck controlled the condition of the property.

Buck maintained she was not in control of the property at the time of Stockton’s fall. She had hired Falls Auctioneers to do the auction, so Falls was in control of the property and therefore had the duty to Stockton in premises liability.

Stockton countered there is no evidence that Buck relinquished control over the condition and maintenance of the premises, including mowing the grass.

The COA found the contract contains no language that Buck surrendered control of her property or that Falls agreed to be responsible for the condition of the premises. Also, there is no evidence which suggested Buck was unable to have the grass mowed prior to auction.

Moreover, the Court of Appeals pointed out, the question has not been answered as to whether Stockton’s fall was caused, at least in part, by the length of the grass.

Judge Elaine Brown concluded, “There is sufficient factual dispute regarding control of the condition of the premises and in particular the length of the grass that a trier of fact should decide the question.”

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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