Kidd v. Davis, 1-785A175
| Docket Nº | No. 1-785A175 |
| Citation | 485 N.E.2d 156 |
| Case Date | November 26, 1985 |
| Court | Court of Appeals of Indiana |
Page 156
v.
Steven DAVIS and Kristy Davis, Plaintiffs-Appellees.
First District.
Page 157
C. Wendell Martin, Martin Wade Hartley & Hollingsworth, Indianapolis, for defendants-appellants.
William L. Soards, Soards & Carroll, Indianapolis, Jon D. Baker, Baker and Bodwell, P.C., Connersville, for plaintiffs-appellees.
RATLIFF, Presiding Judge.
The defendants, Forest and Charlotte Kidd, appeal from the denial of their motion for summary judgment. We reverse and remand.
On April 1, 1983, Steven Davis (Steven), 23 years of age, stopped at the farm of Forest and Charlotte Kidd (the Kidds) to seek the assistance of their son Doug in grading Steven's driveway. Using the Kidd tractor, the two worked on the driveway until it began to rain and then returned to the Kidd farm to get Steven's jeep. Doug asked Steven to help him feed the Kidds' sows and Steven complied. Doug told Steven he had installed a basketball goal in the hayloft of the barn and suggested they play a game while the sows ate.
The hayloft is enclosed on three sides by the barn walls while the fourth side is open
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to the center of the barn and the floor below. There is no railing along the opening. The basketball goal is on the wall opposite the open side of the loft. The total area for playing basketball was approximately 30-35 feet wide and 25 feet deep. Steven swept the playing area by pushing a bale of hay across it and placed bales along the edge of the loft to keep the ball from rolling off the loft. Steven had been in the loft before, prior to the installation of the goal. He testified that the loft floor was smooth but not "slick like ice or like oil on cement." (Deposition of Steven Davis, p. 18).Doug and Steven were joined by Doug's brother and another boy and they proceeded to play two games of "21". While the other three continued to play, Steven sat down on one of the bales at the edge of the loft to rest. As the ball came his way, Steven retrieved it, stood up and shot a basket and sat back down. The ball was passed back to him and Steven stood and made another shot. As he sat back down, both he and the bale went over the edge falling approximately 8 feet to the driveway below. Steven sustained serious injuries from the fall.
Steven then brought suit against the Kidds. The Kidds filed a motion for summary judgment which was denied by the trial court. Thereafter, the trial court certified the case for interlocutory appeal.
While the Kidds raise three issues on appeal, our resolution of the first is dispositive of the case. Rephrased the issue is:
Whether the Kidds violated any duty owed to Steven while he was on their premises.
Summary judgment is properly granted in those cases where there exists no genuine issue of material fact and the movant is entitled to a judgment as a matter of law. Indiana Rules of Procedure, Trial Rule 56(C); Czarnecki v. Hagenow (1985), Ind.App., 477 N.E.2d 964, 966; Angola State Bank v. Butler Mfg. Co. (1985), Ind.App., 475 N.E.2d 717, 718, trans. denied; Law v. Yukon Delta, Inc. (1984), Ind.App., 458 N.E.2d 677, 678, trans. denied. The movant bears the burden of proving his right to have summary judgment granted in his favor. Czarnecki, at 966; Angola, at 718. The facts must be viewed in a light most favorable to the opponent of the motion and any doubts must be resolved in his favor. Gaboury v. Ireland Road Grace Brethren, Inc....
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Beresford v. Starkey, 32A01-8911-CV-450
...an ordinary negligence standard, but is subject to a willful and wanton standard of care. See Burrell, 540 N.E.2d at 116; Kidd v. Davis, 485 N.E.2d 156, The Beresfords, however, cite Harper v. Kampschaefer (1990), Ind.App., 549 N.E.2d 1067, 1071, trans. denied, which dealt with a trespasser......
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Ludwig v. Ford Motor Co., 30A01-8607-CV-00175
...where there is no issue of material fact and the moving party is entitled to judgment as a matter of law. Kidd v. Davis (1985), Ind.App., 485 N.E.2d 156, 158; Nahmias v. Trustees of Indiana University (1983), Ind.App., 444 N.E.2d 1204, 1206, trans. denied; English Coal Co., Inc. v. Durcholz......
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Werblo v. Board of School Trustees of Hamilton Heights School Corp., 29A02-8704-CV-167
...must establish the propriety of summary judgment. Popp v. Hardy (1987), Ind.App., 508 N.E.2d 1282, 1284; Kidd v. Davis (1985), Ind.App., 485 N.E.2d 156, 158. The summary judgment standard compels the trial and reviewing courts to view the facts and the inferences to be drawn therefrom in a ......
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Brenneman Mechanical & Elec., Inc. v. First Nat. Bank of Logansport, 2-885A251
...where there is no issue of material fact and the moving party is entitled to judgment as a matter of law. Kidd v. Davis (1985), Ind.App., 485 N.E.2d 156, 158; Nahmias v. Trustees of Indiana University (1983), Ind.App., 444 N.E.2d 1204, 1206, trans. denied; English Coal Co., Inc. v. Durcholz......
-
Beresford v. Starkey, 32A01-8911-CV-450
...an ordinary negligence standard, but is subject to a willful and wanton standard of care. See Burrell, 540 N.E.2d at 116; Kidd v. Davis, 485 N.E.2d 156, The Beresfords, however, cite Harper v. Kampschaefer (1990), Ind.App., 549 N.E.2d 1067, 1071, trans. denied, which dealt with a trespasser......
-
Ludwig v. Ford Motor Co., 30A01-8607-CV-00175
...where there is no issue of material fact and the moving party is entitled to judgment as a matter of law. Kidd v. Davis (1985), Ind.App., 485 N.E.2d 156, 158; Nahmias v. Trustees of Indiana University (1983), Ind.App., 444 N.E.2d 1204, 1206, trans. denied; English Coal Co., Inc. v. Durcholz......
-
Werblo v. Board of School Trustees of Hamilton Heights School Corp., 29A02-8704-CV-167
...must establish the propriety of summary judgment. Popp v. Hardy (1987), Ind.App., 508 N.E.2d 1282, 1284; Kidd v. Davis (1985), Ind.App., 485 N.E.2d 156, 158. The summary judgment standard compels the trial and reviewing courts to view the facts and the inferences to be drawn therefrom in a ......
-
Brenneman Mechanical & Elec., Inc. v. First Nat. Bank of Logansport, 2-885A251
...where there is no issue of material fact and the moving party is entitled to judgment as a matter of law. Kidd v. Davis (1985), Ind.App., 485 N.E.2d 156, 158; Nahmias v. Trustees of Indiana University (1983), Ind.App., 444 N.E.2d 1204, 1206, trans. denied; English Coal Co., Inc. v. Durcholz......