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Articles Posted in Land Owner Liability

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Indiana’s Limited Premise Liability for Churches Does Not Extend to Injuries Occurring in Church Areas Not Primarily Used for Worship Services

The Indiana Court of Appeals recently found against a church in an Evansville premise liability lawsuit arising out of an injury a volunteer sustained while working on a project on the church’s premises. In Calvary Temple Church of Evansville, Inc. v. Kirsch, Gerard Kirsch (Kirsch), a member and trustee of…

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Indiana Court of Appeals Affirms Dismissal of Father’s and Grandmother’s Claims in Child Wrongful Death Case

The Indiana Court of Appeals recently evaluated the timeliness of claims asserted under Indiana’s Child Wrongful Death Statute (CWDS). In Peters v. Girl Scouts of Southwest Indiana, Inc., Amanda Peters (Mother) filed a wrongful death lawsuit against the Girl Scouts of Southwest Indiana (Girl Scouts) after her eleven-year-old daughter Isabelle…

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Indiana Supreme Court Swimming Pool Injury Opinion Examines Appropriate Foreseeability Test

The Indiana Supreme Court recently issued a decision in a case involving a woman who was injured while swimming in a health and fitness center’s pool. The case, Pennington v. Memorial Hospital of South Bend, Inc., raised several issues of premises liability and negligence against the pool owner, operator, and…

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Indiana Court of Appeals Finds Res Ipsa Loquitur Precludes Summary Judgment for Indiana University in Premise Liability Case

The Indiana Court of Appeals recently revived a personal injury claim involving the legal doctrine of res ipsa loquitur and its applicability in the premise liability context. In Isgrig v. Trustees of Indiana University, Kiera Isgrig (“Isgrig”) was injured while studying in a building at Indiana University Bloomington (IU) when…

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Indiana Court of Appeals Finds Indiana’s Firefighter’s Rule Does Not Bar Firefighter’s Personal Injury Claim

The Indiana Court of Appeals recently reviewed Indiana’s “firefighter’s rule,” ultimately ruling in favor of a firefighter injured while responding to a building fire in Fort Wayne, Indiana. In Dolsen v. VeoRide, Inc., firefighter Richard Dolsen, Jr. (“Dolsen”) responded to a fire at a building owned by Sweet Real Estate…

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Indiana Court of Appeals Finds Homeowner Owed Guest No Common Law or Statutory Duty to Clear Snow and Ice from Sidewalk in Front of Home

The Indiana Court of Appeals recently affirmed a trial court’s grant of summary judgment in favor of a homeowner in a claim against the homeowner arising from a guest’s fall on an icy sidewalk adjacent to the homeowner’s property. In Stanley v. Burns, Andrea Burns (Burns) worked for a direct…

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Indiana Court of Appeals Reverses Trial Court and Revives Crowd Surfer’s Personal Injury Lawsuit Against Music Venue Security Company

The Indiana Court of Appeals recently reversed a trial court’s grant of summary judgment in favor of a music venue security company alleged to have caused a crowd surfer’s injuries in a fall. In Wiley v. ESG Sec., Inc., Seth Wiley (Wiley), a minor at the time, was crowd surfing…

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Indiana Court of Appeals Affirms $510,000 Jury Verdict for Woman in Indianapolis Slip-And-Fall Case

The Indiana Court of Appeals recently affirmed a jury’s $510,000 award in favor of an injured woman in a slip-and-fall case in Indianapolis, Indiana. In Mastellone v. Young Men’s Christian Ass’n of Greater Indianapolis, Jacqueline Mastellone (“Mastellone”) slipped and fell at an Indianapolis YMCA as she was walking back to…

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Indiana Court of Appeals Finds Landowner Not Liable for Dog Attacking Child on Landowner’s Rental Property

The Indiana Court of Appeals recently held that a duplex rental owner could not be held liable for injuries to a child attacked by a lessee’s dog. In Marchino as next friend Marchino v. Stines, Rex Lott (“Lott”) owned and rented a duplex property in Indianapolis, Indiana. Matthew Marchino (“Marchino”)…

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Indiana Supreme Court Adopts New Rule for Government Immunity for Temporary Conditions of Roadways Causing Personal Injury

We previously wrote about the Indiana Court of Appeals opinion in Ladra v. State affirming the trial court’s grant of summary judgment in favor of the State of Indiana and the Indiana Department of Transportation (collectively “INDOT”) finding INDOT immune from liability in a lawsuit brought by Tracy Ladra (“Ladra”),…

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