Perdue v. Greater Lafayette Health Services, Inc.
951 N.E.2d 235
Ind. Ct. App.2011Background
- Perdue was injured August 27, 2007, when she tripped on an inverted ramp in Home Hospital’s parking garage; ramp lacked markings and contrasted with surrounding floor.
- Perdue filed a complaint May 5, 2008 and an amended complaint August 5, 2009 alleging premises negligence, failure to inspect, and failure to warn of the uneven concrete floor.
- Home Hospital moved for summary judgment February 8, 2010 on a statute of repose theory, asserting I.C. 32-30-1-5 barred the claim as a design/construction defect.
- Trial court denied the motion, then granted on reconsideration, concluding the claim was barred as a design/construct-defect under the statute of repose.
- Perdue appealed, arguing the claim is for premises maintenance/warning, not design/construction, so the statute of repose does not apply.
- Court reverses and remands, holding Perdue’s claim is not barred by the statute of repose because it rests on a duty to maintain and warn rather than a design/construction defect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the statute of repose bars Perdue’s claim. | Perdue argues claim arises from maintenance/warning, not design/construction. | Home Hospital contends ramp design/construction defect falls within the statute. | Not barred; mantenimiento/warning theory survives statute. |
| Whether Perdue’s claim fits Restatement-based invitee duty to warn/repair rather than design defect. | Perdue relies on premises duty to protect invitees. | Defendant asserts design/construction framework controls. | Claim not barred; duty to warn/repair independent of design defect. |
Key Cases Cited
- Burrell v. Meads, 569 N.E.2d 637 (Ind. 1991) (landowner duty to invitees; control of premises; ongoing duty to protect)
- Gill v. Evansville Sheet Metal Works, Inc., 940 N.E.2d 328 (Ind.Ct.App. 2010) (statute of repose protects design/construct claims; exceptions for maintenance duties)
- Nider v. Republic Parking, Inc., 169 P.3d 738 (Okla.Civ.App. 2007) (premises liability independent of design defect claim; duty to warn/repair)
- Ruddy v. Skelly, 231 P.3d 725 (Okla.Civ.App. 2009) (failure to warn latent danger not barred by design defect statute)