Скачать или смотреть IN Court of Appeals Oral Argument - Handy, Sharon v. P.C. Building Materials, Inc.

ORAL ARGUMENT
Handy, Sharon v. P.C. Building Materials, Inc.
22A01-1403-CT-125

Sharon Handy appeals the trial court’s entry of summary judgment in favor of P.C. Building Materials Inc., PC Properties LLC, David A. Stemler, and Karen L. Stemler (collectively, “PC”) on Handy’s negligence claim against PC.

Handy sued PC for an injury she sustained while on property owned by PC. Handy entered onto the P.C. Building Materials store property to look at some granite countertops for sale that were leaning against the outside wall of the store, just to the side of the front entrance. The store was closed at the time.

Handy pulled one of the leaning countertops toward her body to measure the second countertop that was behind it, when both countertops fell forward onto her foot, causing an injury to her toe.

On appeal, the parties disagree as to Handy’s status on the property at the time of the injury. PC maintains that Handy was a trespasser, or at best a licensee, to whom PC owed only a duty to refrain from willfully or wantonly injuring or acting in a manner to increase her peril.

Handy contends that she was an invitee/business visitor with an implied invitation to enter the premises and that PC owed her the duty to exercise reasonable care for her protection.

PC responds that even assuming Handy qualified as in invitee, the danger posed by the granite countertops was known or obvious to Handy, and therefore PC breached no duty to her as a matter of law.

Judges Crone, Mathias and Riley will preside.

For more information on this event, please go to:http://www.law.indiana.edu/incoa

Read the Court's Decision issued November 19th, 2014: http://www.in.gov/judiciary/opinions/...