Rider v. McCamment
2010 Ind. App. LEXIS 2253
| Ind. Ct. App. | 2010Background
- May 8, 2006 purchase agreement for a Greensburg house; possession at closing on Sept 15, 2006; house under construction.
- McCamment, as general contractor, hired Lee as independent contractor to perform labor; Lee laid deck components and other work.
- Purchase agreement granted Rider a final inspection right; inspections require permission from McCamment or real estate agent.
- Rider visited the site 30–35 times (April–August 2006) without permission, including one prearranged meeting at another house.
- On Aug 9, 2006, Peggy was injured when the deck railing collapsed while she stood on an unfinished deck; Lee not at site at injury time.
- Suit filed Jan 8, 2008; trial court granted summary judgment for McCamment and Lee on Mar 23, 2010; Rider appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McCamment owed a duty to Rider as landowner | Rider: landowner status creates invitee duty of care | McCamment: lacked control/possession at time of injury; no duty | McCamment did not owe duty; summary judgment proper |
| Whether Lee owed a duty to Rider as independent contractor | Lee had control/possession of deck; responsibility for safety | Lee did not owe duty to Rider due to lack of rightful presence/foreseeability | Summary judgment reversed; material facts exist on Rider's right to be on site and foreseeability |
Key Cases Cited
- Reed v. Beachy Constr. Corp., 781 N.E.2d 1145 (Ind.Ct.App.2002) (ownership alone not dispositive of possession/control for duty)
- Taylor v. Duke, 713 N.E.2d 877 (Ind.Ct.App.1999) (distinguishes invitee categories and duties)
- Helton v. Harbrecht, 701 N.E.2d 1265 (Ind.Ct.App.1998) (builder not liable when not in control at time of injury)
- Rhodes v. Wright, 805 N.E.2d 382 (Ind.2004) (duty assessed by control of premises when accident occurs)
- Pelak v. Indiana Indus. Serv., Inc., 831 N.E.2d 765 (Ind.Ct. App.2005) (control element essential to premises liability)
- Horine v. Homes by Dave Thompson, LLC, 834 N.E.2d 680 (Ind.Ct. App.2005) (independent contractor ordinary care duty)
- Markle v. Hacienda Mexican Rest., 570 N.E.2d 969 (Ind. Ct. App.1991) (exceeding scope of invitation changes status from invitee)