ILNews

Summary judgment inappropriate in slip-and-fall case

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals stopped short Wednesday of saying in a negligence suit involving a slip and fall that under any circumstance a home detention officer visiting a detainee at his place of employment is a business visitor.

In Isaiah Christmas v. Kindred Nursing Centers Limited Partnership d/b/a Windsor Estates Health and Rehabilitation Center, No. 34A05-1101-CT-1, home detention officer Isaiah Christmas sued Windsor Estates Health and Rehabilitation Center after he slipped on ice on the sidewalk in front of the employee entrance. Christmas was there to visit a detainee who was on house arrest but worked at Windsor. Christmas had previously been given the code to enter through the employee entrance. He was not required to visit the detainee at her place of employment to check on her, but can do so if employers don’t object.

After his fall, Christmas sued Windsor claiming injuries and negligent maintenance of the sidewalk. A hearing was set on Windsor’s motion for summary judgment, but the trial court cancelled the hearing the day before it was scheduled and notified it would rule on the parties’ briefs and designated evidence. The trial court ruled in Windsor’s favor, finding that Christmas was not an invitee, so Windsor didn’t owe him any duty.

Christmas later filed motions to correct error and for a hearing, which was denied. On appeal, he argued the trial court erred on procedural grounds when it entered summary judgment without a hearing. But Indiana Trial Rule 56(C) says that a court may conduct a hearing on a summary judgment motion, but doesn’t have to unless one of the parties requests a hearing. Christmas never requested the hearing nor did he take any action after learning the trial court intended to rule on the filings, wrote Judge Carr Darden.

Turning to the issue of summary judgment in favor of Windsor, the judges found there to be a genuine issue of material fact as to whether Christmas was invited to enter Windsor’s premises. Christmas maintained he was a business visitor at the time of his fall, citing Section 332 and comment (e) of the Restatement (Second) of Torts.

The fact that a detention officer is permitted on the premises doesn’t make him an invitee, wrote the judge. But, someone provided a special access code to Christmas and Windsor didn’t designate any evidence to show that such a provision was unapproved. A trier of fact could infer that Christmas was invited to enter Windsor’s premises.

There is also a genuine issue of material fact as to whether Windsor breached its duty of care regarding the condition of the sidewalk and protecting Christmas against danger. The appellate court remanded for further proceedings.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT