Nick Hunckler v. Air Source-1, Inc., Timothy Miller and Kelly A. Brannen

26 N.E.3d 65, 2015 Ind. App. LEXIS 57, 2015 WL 437543
CourtIndiana Court of Appeals
DecidedFebruary 3, 2015
Docket84A01-1405-CT-217
StatusPublished

This text of 26 N.E.3d 65 (Nick Hunckler v. Air Source-1, Inc., Timothy Miller and Kelly A. Brannen) 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
Nick Hunckler v. Air Source-1, Inc., Timothy Miller and Kelly A. Brannen, 26 N.E.3d 65, 2015 Ind. App. LEXIS 57, 2015 WL 437543 (Ind. Ct. App. 2015).

Opinions

BAKER, Judge.

[1] Nick Hunckler appeals the trial court’s grant of summary judgment in favor of appellees Timothy Miller and Air Sorce-1, Inc., (Air Sorce-1) regarding his personal injury claim. Finding that material issues of fact exist, thereby precluding summary judgment, we reverse and remand for proceedings consistent with this opinion.

Facts1

[2] At the time the action arose, Miller was the president and only employee of Air Sorce-1, an incorporated heating and air conditioning business located in Terre Haute. At some point before October 20, 2010, Miller sold a new furnace to Kelly Brannen.2 Prior to that sale, Miller visited Brannen’s home to inspect the basement, where the new furnace would be installed.

[3] Miller delivered a new furnace to Brannen’s home on October 20, 2010. At that time, Hunckler was living with Bran-nen. He was home when the furnace was delivered. Miller arrived with a friend who had a bad back and intended to move the furnace himself. Miller was planning to slide the furnace down the basement stairs without help, a procedure he had done many times. Miller asked Hunckler if he would help him move the furnace down to the basement.3 At the time of the delivery, Brannen was upstairs in the dining room using her computer. She did not witness the two men attempt to move the furnace into the basement.

[4] The two men prepared to slide the furnace down the stairs, entering through the laundry room. Miller went down the stairs first, backwards, supporting the bottom of the furnace. Hunckler waited at the top of the stairs in the laundry room, planning to lift the furnace to help carry it down the stairs. He initially grabbed the top sides of the furnace, but felt he needed a better grip on the furnace before continuing down the stairs. The top of the furnace, was open, with four edges of sheet metal. When Hunckler moved his hand to better grip the furnace at its top edges, he thought it was being pulled away from him as though Miller had taken a step down the stairs. Hunckler then fell into the furnace and his hands came into contact with the metal edges. It was approximately ten seconds from the time that Hunckler placed his hands on the furnace that he was injured. The two men did not even move the furnace one step down the stairs.

[5] At this point, Brannen heard the commotion, and Hunckler and Miller came into the dining room. Brannen observed that Hunckler was bleeding from his hands. Brannen drove Hunckler to the hospital; Miller accompanied them and assisted Hunckler with his bleeding hands.

[6] As a result of this incident, Hunck-ler sustained serious injuries to the webbing on his hands between his thumbs and palms. His left hand was more seriously injured; it has required four surgeries as [67]*67well as physical therapy to treat his left palm. The movement and use of his left hand remains impaired.

[7] On September 10, 2012, Hunckler filed a personal injury action alleging negligence against Miller and Air Sorce-1. On October 4, 2012, Miller and Air Sorce-1 filed their answer and named Brannen as a liable non-party. On October 15, 2012, Hunckler filed an amended complaint adding Brannen as a defendant. Miller and Air Sorce-1 filed a motion for summary judgment on February 7, 2014, and Hunckler filed his response opposing the motion on March 5, 2012.

[8] The trial court held a hearing on the motion for summary judgment on May 1, 2014. The trial court entered an order summarily granting Miller and Air Sorce-l’s motion for summary judgment. Hunckler now appeals.

Discussion and Decision

[9] When we review the grant or denial of a summary judgment motion, we apply the same standard as the trial court. Kroger Co. v. Plonski, 930 N.E.2d 1, 4-5 (Ind.2010). Summary judgment is appropriate only where the evidence shows that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Id.; Ind. Trial Rule 56(C). All facts and reasonable inferences drawn from those facts are construed in favor of the non-moving party, and all doubts concerning the existence of a material issue must be resolved against the non-moving party. Id. Nevertheless, the trial court’s grant of summary judgment “enters appellate review clothed with a presumption of validity,” and the appellant bears the burden of demonstrating that the trial court erred. Trustcorp Mortg. Co. v. Metro Mortg. Co. Inc., 867 N.E.2d 203, 211 (Ind.Ct.App.2007).

[10] Hunckler argues that the trial court erred when it granted summary judgment in favor of Miller and Air Sorce-1. He contends that the trial court erred in determining that he was a “volunteer” and maintains that the trial court erred in applying the volunteer duty of care as stated in Thompson v. Owen, 141 Ind.App. 190, 218 N.E.2d 351 (Ind.Ct.App.1966), to his negligence claim.4,5

[11] Hunckler argues that the trial court misapplied Thompson, because the standard articulated therein is only applicable in premises liability cases. Both parties agree that this is not a premises liability case. In Thompson, Becky Owen asked Thompson to help her start her father’s lawnmower as she was attempting to mow the lawn of a home two doors down from her own. Id. at 196, 218 N.E.2d at 355. Thompson did so, and was injured when the lawnmower jerked and ran over his foot; he subsequently sued Becky’s father for damages. Id. Thompson was aware that the lawnmower might have a faulty belt when he agreed to help. Id. It was determined that there was no evidence that a faulty belt contributed to Thompson’s injuries. Id. at 200, 218 N.E.2d at 357. The Thompson Court found that [68]*68Thompson was a volunteer and held that “the rule is well established by case law in this state that, unless [there is] proof of wilful [sic] injury, a volunteer cannot recover.” Id. at 201, 218 N.E.2d at 358.

[12] Hunckler argues that Thompson does not apply to him because the case at bar is not a premises liability case. Miller concedes that this is not a premises liability case, but argues that the volunteer doctrine is not limited to premises liability cases. In May 2001, the Supreme Court of Michigan addressed the continued relevance of the volunteer doctrine, and abandoned it entirely. James v. Alberts, 464 Mich. 12, 626 N.W.2d 158, 161-162 (2001). It stated that it would “return this area of law to traditional agency and tort principles, comfortable that they will better resolve the matters to which the doctrine might have applied.” Id. at 162.

[18] We now adopt the same approach. We will continue to rely on traditional tort and agency principles and, to the extent it was ever applied, abandon the volunteer doctrine. Therefore, it follows that ordinary negligence principles apply in the instant case. We find that there are genuine issues of material fact as to duty, causation, breach, and damages.

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

Related

James v. Alberts
626 N.W.2d 158 (Michigan Supreme Court, 2001)
Kroger Co. v. Plonski
930 N.E.2d 1 (Indiana Supreme Court, 2010)
Greg Allen Const. Co., Inc. v. Estelle
798 N.E.2d 171 (Indiana Supreme Court, 2003)
Wauchop v. Domino's Pizza, Inc.
832 F. Supp. 1572 (N.D. Indiana, 1993)
THOMPSON, ETC. v. Owen
218 N.E.2d 351 (Indiana Court of Appeals, 1966)
Trustcorp Mortgage Co. v. Metro Mortgage Co.
867 N.E.2d 203 (Indiana Court of Appeals, 2007)
Birt v. St. Mary Mercy Hospital of Gary, Inc.
370 N.E.2d 379 (Indiana Court of Appeals, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
26 N.E.3d 65, 2015 Ind. App. LEXIS 57, 2015 WL 437543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nick-hunckler-v-air-source-1-inc-timothy-miller-and-kelly-a-brannen-indctapp-2015.