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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues