The Indiana Court of Appeals reversed a lower court's dismissal of Paul McGann's August 2019 premises liability lawsuit against Indiana University Health. McGann was struck in 2017 while working outside IU Health Methodist Hospital by two suspected phone thieves fleeing an emergency department parking lot. The appellate court determined the hospital improperly focused its defense on controlling the suspects rather than addressing its duty regarding missing speed bumps and barricades. Furthermore, judges found the police reports submitted by IU Health failed to establish that the parking area was reasonably safe.
Key points
The appellate ruling overturns a prior dismissal and remands the security guard's neglige…: The appellate ruling overturns a prior dismissal and remands the security guard's negligence case for further proceedings.
Indiana University Health failed to prove the parking lot was reasonably safe using the p…: Indiana University Health failed to prove the parking lot was reasonably safe using the police reports it submitted.
The court determined premises liability claims concerning physical barriers cannot be byp…: The court determined premises liability claims concerning physical barriers cannot be bypassed by arguing an absence of duty to control criminals.
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An Indiana appeals court has revived a security guard's negligence case against Indiana University Health (IU Health) after he was struck by a car outside a hospital in Indianapolis in 2017. Paul McGann was injured when two suspected phone thieves drove into him while fleeing the hospital parking lot. He had accused the hospital of failing to install or maintain speed bumps and barricades that could have prevented vehicles from hitting pedestrians. On November 6, the court overturned a lower court's decision in favour of the hospital and sent the case back for further proceedings.
According to details of the case available on
Justia, the incident took place on August 9, 2017, at IU Health Methodist Hospital. McGann, who was a police officer, was working off-duty as a security guard at the hospital. He was employed through Calvert Asset & Property Protection, a subcontractor of the security company hired by IU Health.
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