Helton v. Harbrecht

701 N.E.2d 1265, 1998 Ind. App. LEXIS 2047, 1998 WL 813125
CourtIndiana Court of Appeals
DecidedNovember 25, 1998
Docket45A03-9802-CV-47
StatusPublished
Cited by11 cases

This text of 701 N.E.2d 1265 (Helton v. Harbrecht) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Helton v. Harbrecht, 701 N.E.2d 1265, 1998 Ind. App. LEXIS 2047, 1998 WL 813125 (Ind. Ct. App. 1998).

Opinion

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Plaintiff-Appellant Diane Helton (Diane) appeals from the trial court’s grant of summary judgment in favor of Defendant-Appel-lee Jeff Harbrecht Construction Company (Harbrecht Construction).

We affirm.

ISSUE

One issue is presented for our review, which we re-state as: whether the trial court erred in granting Harbrecht Construction’s motion for summary judgment.

FACTS AND PROCEDURAL HISTORY

This action was commenced after Diane Helton sustained injuries on September 18, 1993, while visiting the construction site of her son’s future home. Prior to the date of injury, Richard Helton, Diane’s son, contracted with Harbrecht Construction for the construction of his future home. At the time of the injury, the house was in the latter stages of the framing process, and Harbrecht Construction’s employees had temporarily moved to another job site. On September 18, 1993, Diane went to the construction site located in Cedar Lake, Indiana, to show some friends the frame of her son’s home. The house was a two-story with a wrap-around porch; however, neither the stairs for the porch nor the interior stairs had been erected. There was a ladder in place on the interior of the house leading to the second level. Diane, who wanted to show the upstairs to her friends, climbed the ladder and gained access to the second floor. On her descent, Diane fell off the ladder and sustained injury.

On September 15, 1995, Diane filed suit against Harbrecht Construction alleging negligence and personal injuries. In August of 1997, Harbrecht Construction filed its motion for summary judgment arguing that it owed no duty to Diane and was entitled to judgment as a matter of law. Following a hearing, the trial court granted Harbrecht Construction’s motion. Specifically, the court found as follows:

It is agreed that on the day of the accident, Mr. Richard Helton was the owner of the property and was present on the property doing electrical construction and installation work. He was clearly in control of the construction site when his mother, the Plaintiff, asked for permission to come on the site and when she fell.
Defendant owed no duty to Plaintiff at the time she fell. Further, not having control of the site on the day of the accident, Defendant cannot be liable on the theory of Res Ipsa Loquitur.

(R. 249). Diane appeals from this order.

DISCUSSION AND DECISION

Summary judgment is appropriate only where the designated evidentiary materials show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56(C). The party seeking summary judgment bears the burden of establishing the propriety of the motion. Fast Eddie’s v. Hall, 688 N.E.2d 1270, 1272 (Ind.Ct.App.1997), reh’g denied. Once the movant has sustained this burden, the non-moving party must respond by setting forth evidence to show that a genuine issue exists for trial. Id. When the defendant is the moving party, as here, he must show that the undisputed facts negate at least one element of the plaintiffs cause of action or that the defendant has a factually unchallenged affirmative defense which bars the plaintiffs claim. Moore v. Sitzmark Corp., 555 N.E.2d 1305, 1307 (Ind.Ct.App.1990).

On appeal, the appellant bears the burden to prove that the trial court erroneously determined that no genuine issue of material fact exists and that the movant was entitled to judgment as a matter of law. Hayden v. Linton-Stockton Classroom Teachers Ass’n., 686 N.E.2d 143, 145 (Ind.Ct.App.1997). We *1267 liberally construe all inferences and resolve all doubts in the nonmovant’s favor. Id. Despite a conflict in facts and inferences on some elements of a claim, summary judgment may be proper when no dispute exists with regard to the facts which are dispositive of the litigation. Id.

Diane alleged in her complaint that Har-breeht Construction was in control of the construction site on the date of her injuries, and that Harbreeht Construction’s negligence caused her injuries. Specifically, Diane argued that Harbreeht Construction was negligent in failing to properly secure the work site and in leaving the ladder at the site. Alternatively, Diane alleged that Har-breeht Construction should be held liable under the theory of res ipsa loquitur. In its motion for summary judgment, Harbreeht Construction argued that it was not in control of the premises at the time of Diane’s fall and therefore owed her no duty. Having negated an essential element of negligence, Harbreeht Construction argues that it is entitled to judgment as a matter of law.

To recover on a theory of negligence, the plaintiff must establish: (1) a duty on the part of the defendant to conform his conduct to a standard of care arising from his relationship with the plaintiff; (2) a failure on the part of the defendant to conform his conduct to the requisite standard of care; and (3) an injury to the plaintiff proximately caused by the breach. Ebbinghouse v. First-Fleet, Inc., 693 N.E.2d 644, 647 (Ind.Ct.App.1998), trans. denied. Absent a duty, there can be no breach, and therefore, no negligence. Id. In Webb v. Jarvis, our supreme court set forth three factors to consider in determining whether a duty exists. 575 N.E.2d 992, 995 (Ind.1991). Specifically, we must consider and balance the following factors: (1) the relationship between the parties; (2) the reasonable foreseeability of' harm to the person injured, and (3) public policy concerns. Id. Whether the law recognizes an obligation on the part of a particular defendant to conform his conduct to a certain standard for the benefit of the plaintiff is generally a question of law for the court. Ebbinghouse, 693 N.E.2d at 647.

The undisputed facts reveal that Rick Hel-ton entered into a contractual relationship with Harbreeht Construction in early 1993, in which Harbreeht Construction agreed to act as general contractor for the construction of Rick’s future home. Harbreeht Construction contractually agreed to “furnish all materials and perform all the labor necessary for the completion of’ the proposed home. (R. 139). The total contract price for. the home was $122,700; however, the price was reduced by $16,450 for various work that Helton was to do himself. Helton was an electrician and planned to complete all of the electrical work, as well as all painting, staining, drywall, staking and surveying and installation of interior flooring.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Buckingham Management LLC v. Tri-Esco, Inc.
Indiana Court of Appeals, 2019
Rider v. McCamment
938 N.E.2d 262 (Indiana Court of Appeals, 2010)
Jackson v. Scheible
902 N.E.2d 807 (Indiana Supreme Court, 2009)
McDonald v. Lattire
844 N.E.2d 206 (Indiana Court of Appeals, 2006)
Horine v. Homes by Dave Thompson, LLC
834 N.E.2d 680 (Indiana Court of Appeals, 2005)
Guy's Concrete, Inc. v. Crawford
793 N.E.2d 288 (Indiana Court of Appeals, 2003)
Reed v. Beachy Construction Corp.
781 N.E.2d 1145 (Indiana Court of Appeals, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
701 N.E.2d 1265, 1998 Ind. App. LEXIS 2047, 1998 WL 813125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helton-v-harbrecht-indctapp-1998.