225 N.E.3d 781
Ind. Ct. App.2023Background
- Plaintiff Kiera Isgrig, a student at Indiana University Bloomington, was injured when an exterior window in a campus building (Swain Hall) fell out of the wall and struck her while she was studying.
- The window was a heavy fixture with a metal frame and adjustable blinds. University maintenance documented that two sash springs were broken but asserted these alone should not cause the window to fall.
- Indiana University performed only reactive (not preventive) maintenance on windows; the last repair was more than a year prior, unrelated to the collapse.
- Isgrig sued the University, invoking the doctrine of res ipsa loquitur to infer negligence from the circumstances of the accident.
- The University obtained summary judgment at trial, arguing res ipsa loquitur was inapplicable, which Isgrig appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of res ipsa loquitur in fixture injury on university premises | Doctrine should allow inference of negligence since window was under exclusive control of University and such accidents don't happen without negligence | University had no knowledge of defect; res ipsa loquitur can't apply absent traditional premises liability; University lacked exclusive control | Reversed; doctrine may apply—genuine issue of material fact exists on negligence inference |
Key Cases Cited
- Burrell v. Meads, 569 N.E.2d 637 (Ind. 1991) (adopts Restatement standard for premises liability: landowner liability requires knowledge or discoverability of the risk)
- Griffin v. Menard, Inc., 175 N.E.3d 811 (Ind. 2021) (clarifies that res ipsa loquitur is narrowly applicable to premises cases, but may apply where fixtures outside invitee's influence are involved)
- Cergnul v. Heritage Inn of Ind., Inc., 785 N.E.2d 328 (Ind. Ct. App. 2003) (res ipsa loquitur inapplicable if others could have caused the incident, such as vandalism)
- Rector v. Oliver, 809 N.E.2d 887 (Ind. Ct. App. 2004) (res ipsa loquitur can apply in premises cases where injury results from a fixture under owner's exclusive control and not usually occurring absent negligence)