Reverses grant of SJ in favor of school corp in appellant’s personal injury negligence action

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Paula Yates appeals the trial court’s grant of summary judgment in favor of the Edinburgh Community School Corporation (“School Corporation”) in her personal injury negligence action against the School Corporation and others. The restated issues before us are:

I. Whether the trial court correctly concluded that School Corporation owed no duty to Yates; and

II. Whether Yates was contributorily negligent as a matter of law.
Conclusion (slip op. at 16):  The trial court erred in concluding that School Corporation owed no duty to Yates. Furthermore, Yates was not contributorily negligent as a matter of law. We reverse the grant of summary judgment in favor of School Corporation.
Key Analysis (slip op. at 14, 16):  School Corporation did owe a duty to Yates, specifically with respect to the injuring instrumentality in this case, the stairs. Moreover, there is a question of fact as to whether Yates was at School Hill at the School Corporation’s express or implied invitation. Thus, the alleged obviousness of any defects in the stairs does not automatically absolve the School Corporation of liability for Yates’s injuries . . . Although Yates may have been aware of some potential dangers associated with the stairs, she was not per se negligent in using them.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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