988 N.E.2d 385
Ind. Ct. App.2013Background
- Pickering, a business invitee, was with two companions at Caesars Riverboat Casino on Jan 22, 2011, intending to access a rooftop entrance from the snow-covered parking garage.
- Caesars had barricaded the top level with yellow caution tape, saw horses, and barrels due to snow, blocking vehicular and pedestrian access.
- The three men ducked under the caution tape and attempted to reach the open rooftop entrance; doors were locked when they arrived.
- Pickering fell while ducking under the tape on his way down the ramp, fracturing his pelvis; the ramp and top entrance were closed to traffic.
- Plaintiff filed suit on Oct 21, 2011 in Harrison Superior Court alleging premises liability for unsafe conditions; Caesars moved for summary judgment on May 25, 2012.
- The trial court granted summary judgment, which the Indiana Court of Appeals affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper given the plaintiff’s status and the comparative duties | Pickering remained an invitee despite barricades | Pickering became a licensee by crossing the barricade; duty is limited | Yes, summary judgment proper; status changed to licensee and no breach shown |
Key Cases Cited
- Burrell v. Meads, 569 N.E.2d 637 (Ind. 1991) (defines invitee vs. licensee and the scope of the invited use of premises)
- St. Mary’s Med. Ctr. of Evansville, Inc. v. Loomis, 783 N.E.2d 274 (Ind. Ct. App. 2002) (invitee status retained when use remains within owner’s purpose and customary access)
- Rider v. McCamment, 938 N.E.2d 262 (Ind. Ct. App. 2010) (duty not limitless; invitee status can be modified by conduct)
- Markle v. Hacienda Mexican Rest., 570 N.E.2d 969 (Ind. Ct. App. 1991) (scope of invitee status dependent on owner’s encouragement and use)
- Winfrey v. NLMP, Inc., 963 N.E.2d 609 (Ind. Ct. App. 2012) (whether visitor’s actions transform status from invitee to licensee)
- Mantich v. Mantich, 505 N.E.2d 811 (Ind. Ct. App. 1987) (incurred risk analysis for purportedly knowing and voluntary risk)