Pier 1 Imports (U.S.), Inc. v. Acadia Merrillville Realty, L.P. and Boyd Construction Company, Inc.
2013 Ind. App. LEXIS 321
| Ind. Ct. App. | 2013Background
- Harris slipped on an ice-covered sidewalk in front of Pier 1, which leases from Acadia; Acadia must keep the sidewalk free from snow and ice under the lease.
- Acadia had a snow/ice removal contract with Boyd to clear the sidewalk.
- Harris sued Acadia, Pier 1, and Boyd for negligence; derivative loss of consortium claimed by Mr. Harris.
- The trial court granted summary judgment for Acadia and Boyd, denied Pier 1’s motion, and Pier 1 appealed.
- Pier 1 argued it had standing to challenge the summary judgments and that Acadia and Boyd breached their duties; the court ultimately found Pier 1 had standing and reversed the grant of summary judgment to Acadia and Boyd.
- The case was remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to appeal summary judgments | Pier 1 had no opportunity to object to Acadia/Boyd motions | Pier 1 cannot appeal without preserving prejudice after dismissal | Pier 1 had standing to appeal |
| Breach of duty by Acadia/Boyd for purposes of summary judgment | Acadia’s duty discharged by contracting with Boyd; factual issues on breach exist | No breach; contract with Boyd showing reasonable care; no factual dispute | Summary judgment inappropriate; issues of breach for jury to decide |
Key Cases Cited
- U-Haul Int'l, Inc. v. Nulls Mfg. Shop, 736 N.E.2d 271 (Ind.Ct.App.2000) (dismissal of co-defendant affects potential liability; standing requires objection to preserve claim)
- Nationwide Ins. Co. v. Parmer, 958 N.E.2d 802 (Ind.Ct.App.2011) (objecting to dismissal preserves nonparty fault-allocation defense)
- Bowles v. Tatom, 546 N.E.2d 1188 (Ind.1989) (failure to object to dismissals waives defense as to dismissed parties)
- Bloemker v. Detroit Diesel Corp., 687 N.E.2d 358 (Ind.Ct.App.1997) (analogous to Bowles in fault-allocation context)
- Rausch v. Reinhold, 716 N.E.2d 993 (Ind.Ct.App.1999) (appellate waiver principle for issues not raised to trial court)
- Shourek v. Stirling, 621 N.E.2d 1107 (Ind.1993) (standing requires personal stake and potential prejudice)