Christmas v. Kindred Nursing Centers Ltd. Partnership
2011 Ind. App. LEXIS 1711
| Ind. Ct. App. | 2011Background
- Christmas, a Howard County home detention officer, visited a detainee at Windsor on Feb 22, 2007.
- Windsor is a post-acute health care provider with a mission to promote healing and preserve dignity.
- Christmas used an access code to Windsor's employee entrance, though no policy prohibited such access.
- He slipped on a melting snow/ice area near Windsor and sued for negligent sidewalk maintenance.
- Windsor moved for summary judgment; the trial court granted it without a hearing, and Christmas appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was a hearing required on summary judgment? | Christmas asserts TR 56(C) right to a hearing upon request. | Windsor contends hearing not mandatory if no request or party waned. | Yes; error to grant without hearing upon request. |
| Was summary judgment proper on premises liability? | Status as business visitor creates duty; material facts in dispute. | No duty if invitee status absent and no latent defect; facts undisputed. | There is a genuine issue of material fact on duty/breach; remand. |
Key Cases Cited
- Yates v. Johnson County Bd. of Com'rs, 888 N.E.2d 842 (Ind.Ct.App.2008) (premises liability elements and duty considerations)
- Burrell v. Meads, 569 N.E.2d 637 (Ind.1991) (invitee vs. licensee framework; Restatement guidance)
- Taylor v. Duke, 713 N.E.2d 877 (Ind.Ct.App.1999) (invitee status and duty of care)
- Smith v. Baxter, 796 N.E.2d 242 (Ind.2003) (Section 343A knowledge/obvious dangers; incurred risk)
- Douglass v. Irvin, 549 N.E.2d 368 (Ind.1990) (knowledge of risk relevant to duty analysis)
- Pfenning v. Lineman, 947 N.E.2d 392 (Ind.2011) (subjective knowledge and duty considerations in Restatement analysis)