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Summary judgment affirmed for casino in collapsing chair suit

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The manufacturer of a chair that came down on a patron’s leg as she sat on it appealed the denial of its summary judgment on the woman’s complaint, arguing the northern Indiana casino shouldn’t have been granted summary judgment. The Indiana Court of Appeals affirmed Friday, but ordered more proceedings on Horseshoe Casino’s third-party complaint against Gasser Chair Co.

Marlene Nordengreen was at Horseshoe Casino when the chair she sat on while playing a slot machine collapsed down and hit the back of her leg, injuring her. The chair uses a gas cylinder for height adjustment, and the cylinder on her chair appeared to fail. The casino inspected the chairs daily, and Gasser gave Horseshoe no warning about what might happen if the gas cylinder failed.

In Gasser Chair Company, Inc. v. Marlene J. Nordengreen, Horseshoe Hammond, LLC, d/b/a Horseshoe Casino, 45A03-1210-CT-435, Gasser argued the trial court shouldn’t have granted summary judgment for the casino because it didn’t provide evidence the Gasser chair was the proximate cause of Nordengreen’s injury, the court didn’t apply the correct standard of care by Horseshoe to its invitees, and there were issues of fact as to Horseshoe’s knowledge of a defect on its premises.

“We decline to accept Gasser’s apparent premise that evidence of one element of a tort is necessarily required on summary judgment in order to negate a different element. Specifically, we decline to hold a premises owner’s knowledge of a dangerous condition on its premises cannot be determined without first knowing the dangerous condition was the ‘sole proximate cause’ of an injury,” Judge Melissa May wrote.

The trial court noted that other chairs at the casino had failed before the incident with Nordengreen and none of those problems caused injuries to patrons. Gasser didn’t demonstrate the casino had actual knowledge the chair was dangerous nor did it have constructive knowledge.

The judges ordered more proceedings on Horseshoe’s third-party complaint against Gasser alleging negligence, breach of contract and breach of warranty. The trial court in a footnote said by granting summary judgment for Horseshoe, it rendered moot the casino’s third-party complaint. But the breach of contract and breach of warranty claims remain, so the trial court should resolve these issues, the appeals court ruled.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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