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Summary judgment inappropriate in slip-and-fall case

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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.

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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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