Articles Posted in Land Owner Liability

Indiana Court of Appeals Questions Indiana Supreme Court Precedent Concerning Governmental Immunity for Car Crash Injuries Resulting from Temporary Conditions of Roadways Due to Weather
Barsumian Armiger

Governmental entities in Indiana have a duty to exercise reasonable care to keep roadways and sidewalks reasonably safe for travel. However, governmental entities also enjoy immunity under certain circumstances. In two recent cases dealing with governmental immunity for losses caused by temporary conditions of roadways resulting from weather, the Indiana Court of Appeals has questioned…

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Indiana Court of Appeals Finds Landowner Owed No Duty to Motorist Injured As a Result of Tall Grass on Land Adjoining Roadway
Barsumian Armiger

The Indiana Court of Appeals recently affirmed a trial court’s grant of summary judgment in favor of a property owner finding it had no duty to the traveling public as a result of tall grass on its property. In Reece v. Tyson Fresh Meats, Inc., a 92-year-old motorist, Harold Moistner (“Moistner”), pulled out into an…

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Indiana Court of Appeals Upholds Icy Sidewalk Slip and Fall Jury Verdict Against Non-Property-Owning Grocery Store
Barsumian Armiger

As cold weather with the potential for snow and ice accumulations in store parking lots and on sidewalks approaches, the Indiana Court of Appeals’ recent decision in Pioneer Retail, LLC v. Jones is a reminder to businesses that despite not being an owner of the property, businesses can still be held liable for injuries to…

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Indiana Court of Appeals Reverses Trial Court’s Denial of Summary Judgment in Indiana Slip-and-Fall Case
Barsumian Armiger

The Indiana Court of Appeals recently found in favor of a restaurant and winery in an Indiana slip-and-fall case. In Cooper’s Hawk Indianapolis, LLC v. Ray, the Plaintiff, Katherine Ray, while at Cooper’s Hawk Winery & Restaurant (“Cooper’s Hawk”), went to use the restroom and slipped and fell on her way out of the restroom…

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Indiana Court of Appeals Declines to Find Equitable Estoppel for Slip-and-Fall Claimant’s Failure to Comply with Indiana Tort Claims Act Notice Requirement
Barsumian Armiger

The Indiana Court of Appeals recently reversed a trial court’s decision allowing a slip-and-fall claimant’s case to move forward against a governmental entity despite non-compliance with the Indiana Tort Claims Act (ITCA). In City of Columbus v. Londeree, the Plaintiff, Debra Londeree, slipped and fell on ice in the parking lot of the Foundation for…

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Snow and Ice Removal Contractor Secures Summary Judgment Citing Slippery Services Agreement
Barsumian Armiger

The Indiana Court of Appeals recently resolved a dispute between an apartment complex property manager, Buckingham Management, L.L.C. d/b/a Bradford Place Apartments (Bradford), and a snow-and-ice removal contractor, Tri-Esco, Inc. (Tri-Esco), arising out of a slip and fall injury that Deborah Perez (Perez) suffered when she slipped and fell on ice at the Bradford Place…

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The Law of Winter Weather Personal Injury in Indiana
Barsumian Armiger

The Tri-State’s first accumulating snow of the season is melting. The wintry conditions we just experienced inevitably lead to slips and falls, some of which will lead to traumatic brain injuries, neck and back injuries, broken ankles and wrists, fractured hips, and muscle and ligament tears, strains and sprains. For many who slip and fall,…

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Premises liability can be worse than car crashes
Barsumian Armiger

When most people think about devastating or life-changing injuries, their minds may naturally gravitate towards car accidents. However, it may surprise Indiana residents to realize falls related to premises liability situations are the number one cause of injuries. Injuries related to premises liability should be taken seriously and dealt with properly to ensure the best…

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