AUGUST 2011 News
Paul A. Rake and Louis W. Voelker win appeal for Northern Indiana Public Service Co.
Paul Rake and Louis Voelker represent Northern Indiana Public Service Company ("NIPSCO") in a case filed against it by an independent contractor who injured himself while on NIPSCO's property. The plaintiff, the driver of a semi-tractor trailer, contended that NIPSCO failed to properly maintain its property, causing him to injure himself while he prepared his trailer for loading. Paul and Lou filed a motion for summary judgment, arguing that NIPSCO did not owe a duty of care to the plaintiff. They relied upon the contract between the parties and witness testimony to support their motion. The Lake County Superior Court agreed, and granted summary judgment in favor of NIPSCO. Plaintiff appealed.
On appeal, the Indiana Court of Appeals held that the Lake County Superior Court had properly granted summary judgment to NIPSCO. The Court of Appeals assessed the contract at issue and agreed that there was no language in the contract requiring NIPSCO to provide the plaintiff with a safe work environment. The Court of Appeals also agreed that NIPSCO had not assumed a duty by its conduct. According to the court's opinion, NIPSCO's various safety policies for its contractors and subcontractors showed that NIPSCO was concerned with safety at its facilities, but was insufficient "affirmative conduct" to create an assumed duty of care to the plaintiff.
The Indiana Court of Appeals' written opinion can be viewed by clicking here.
Paul and Lou work in the firm's Hammond office, and can be reached at (219) 931-0560, or by email at prake@eichhorn-law.com or lvoelker@eichhorn-law.com.