Indiana Injury And Family Lawyer BlogIndiana Woman Injured in Fall Gets New Shot at Trial
The Indiana Court of Appeals recently reversed a trial court summary judgment favoring the defendant in a claim that originated as a premises liability lawsuit stemming from a trip-and-fall that seriously injured an 85-year-old woman.
According to court records in the case, the question was whether the trial court erred, even though the evidence tended to show the plaintiff, as a business invitee, knew about the dangerous condition on the floor.
The appellate court justices ruled there remained a genuine issue of material fact as to whether the owner of the property should have anticipated the plaintiff’s harm, despite her knowledge of the danger. Therefore, the trial court’s ruling was reversed and the case remanded for further proceedings.