Articles Posted in Land Owner Liability

We previously wrote a blog on a swimming pool injury case that the Indiana Supreme Court allowed to proceed to trial finding a material issue of fact as to the pool operator’s negligence in maintaining and operating the pool and for its role in the design of the pool. In Pennington v. Memorial Hospital of South…

The Indiana Supreme Court recently clarified the “Reece rule,” established by the Court in Reece v. Tyson Fresh Meats, Inc., 173 N.E.3d 1031 (Ind. 2021), which provides that landowners in Indiana owe a duty to passing motorists on adjacent highways not to create hazardous conditions that visit themselves upon the roadway; but when a land use or…

We previously blogged on the Indiana Court of Appeals decision in Caryl Rosen v. Community Healthcare System, where the appellate court found the trial court abused its discretion in refusing to give a spoliation jury instruction. The Indiana Supreme Court has now weighed in, vacating the Court of Appeals’ opinion and affirming the trial court’s original…

The Indiana Court of Appeals recently affirmed summary judgment in favor of the City of Indianapolis in a lawsuit brought by an electric scooter operator who was injured when his scooter hit a large hole filled with gravel in an Indianapolis sidewalk. In Areche v. Indianapolis Dep’t of Pub. Works, Eliezer Areche (Areche), a Florida resident…

In one of our previous blogs, we wrote about the opinion of the Indiana Court of Appeals in Isgrig v. Trustees of Indiana University. Recently, the Indiana Supreme Court accepted transfer and issued a decision clarifying the applicability of res ipsa loquitur in premise liability cases. Kiera Isgrig (Isgrig), a student at Indiana University in Bloomington, suffered injuries…

The Indiana Court of Appeals recently reversed the grant of summary judgment to a dog owner in an Indiana dog bite personal injury case. In McElhany v. Grisham, Peggy McElhany (McElhany) was bitten by a pit bull-mix dog named Gus while working as a cashier at an Avon Rural King. Elizabeth Jordan (Jordan) owned Gus. Jordan’s…

The Indiana Court of Appeals recently found a hospital spoliated video camera evidence in a premise liability trip-and-fall personal injury case. In Rosen v. Cmty. Healthcare Sys., Caryl Rosen (Rosen) went to Community Hospital in Munster, Indiana to pick up her husband. As she was leaving the hospital, she tripped and fell over a floor mat…

The Indiana Supreme Court recently issued a decision in Calvary Temple Church of Evansville, Inc. v. Kirsch, clarifying the scope of liability protections for nonprofit religious organizations when individuals sustain injuries on church property. The ruling strengthens protections for churches under Indiana Code § 34-31-7-2, which limits the duties a church owes to invitees on…

The Indiana Court of Appeals recently reversed the grant of summary judgment to CVS Pharmacy finding a reasonable fact-finder could conclude that a security guard at one of its stores was acting as an employee when he intimidated, confined, and pointed a gun at a patron. In Cardenas v. Hook-SupeRx, L.L.C., 19-year-old Adrian Cardenas (“Cardenas”) visited…

The Indiana Court of Appeals recently found against Amazon in two related cases, one involving personal injury and one involving wrongful death, finding Amazon owed a duty of care to two truck drivers injured on an abutting public road while attempting to deliver goods to one of Amazon’s fulfillment centers. In Oukbu v. Amazon, Mahari…