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COA to hear oral arguments in Bloomington this week

May 15, 2017

The Indiana Court of Appeals is headed to Bloomington this week to hear oral arguments in a case involving a question of duty of care to a construction worker injured while working on an Indiana University construction project.

An appellate panel consisting of judges John Baker, Edward Najam and Melissa May will hear oral arguments in the case of Mark Gleaves v. Messer Construction Company and Peri Formwork Systems, Inc., 49A01-1609-CT-02140, at the Monroe County Courthouse on Thursday. The case stems from an on-site work injury Mark Gleaves, a construction worker employed by Whittenberg Construction, suffered while working on a job at the IU Neuroscience Building.

Gleaves was struck in the head by a piece of lumber and subsequently sued Messer Construction Company, the construction manager of the project, alleging the company had assumed a duty of reasonable care for his safety and had breached that duty. He also sued PERI Formwork Systems, Inc., the manufacturer of the formwork Whittenberg used to form the walls of the building, alleging it had failed to provide adequate warnings and instructions to users and alleging it was not an open and obvious danger that lumber form-fillers could eject and strike a person standing a safe distance away.

The trial court granted summary judgment to Messer and PERI, finding no duty for either company. Gleaves now appeals the grants of summary judgment.

Oral arguments are scheduled for 5 p.m. Thursday in the Nat U. Hill Meeting Room of the Monroe County Courthouse in Bloomington.

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