Steel v. Rust

830 N.E.2d 62, 2005 Ind. App. LEXIS 1163, 2005 WL 1530637
CourtIndiana Court of Appeals
DecidedJune 30, 2005
DocketNo. 64A03-0407-CV-327
StatusPublished
Cited by36 cases

This text of 830 N.E.2d 62 (Steel v. Rust) 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
Steel v. Rust, 830 N.E.2d 62, 2005 Ind. App. LEXIS 1163, 2005 WL 1530637 (Ind. Ct. App. 2005).

Opinion

OPINION

BARNES, J.

Case Summary

Beta Steel ("Beta") appeals the trial court's denial of its motion for summary judgment in Margaret Rust's negligence action against it for the wrongful death of her husband, Brian Rust. We affirm.

Issues

We restate and reorder the issues before us as:

I. whether there is any evidence Beta owed a duty of due care to Brian, an employee of an independent contractor hired by Beta to perform work at Beta's facility;
II. whether, if such a duty was owed, there is any evidence Beta breached that duty; and
III. whether, if Beta owed a duty to Brian and breached that duty, the alleged negligence of the independent contractor was the intervening cause of Brian's death as a matter of law.

Facts

Beta contracted with Hyre Electric to complete a project at its steel mill that involved the relocation, in the mill's electrical control room, of certain equipment onto an elevated steel rack. On January 28, 2000, Brian was working above an electrical control cabinet, the top of which is about six feet above the floor, installing and welding part of the steel rack. At some point, he stepped down onto the metal top of the cabinet, which then buckled and came into contact with energized components inside the cabinet. This resulted in Brian's electrocution and death, as well as several explosions in the control room that lasted for three to five minutes before power could be shut off. It is unclear from the designated evidence whether Brian stepped on the cabinet intentionally or inadvertently.

The electrical control cabinet Brian stepped on had been installed at Beta's mill in 1991. There is designated evidence in the record that Phillip Doolittle, an electrical engineer/consultant, advised Beta at the time that its electrical control cabinets lacked ground fault protection, as required by electrical safety regulations, to cut the flow of electricity within a fraction of a second in the event of a problem. Without installing such a system, Doolittle told Beta representatives, they were risking human life and damage to hundreds of thousands of dollars worth of equipment. Doolittle also testified in his deposition that a Beta employee responded to his [67]*67recommendation to install a ground fault protection system, "We'll do that later." App. p. 166. However, when Doolittle inspected Beta's electrical control room after Brian's death, he found to his "shock, disbelief, and extreme disappointment" that it had not installed the recommended system. Id. at 184. Doolittle also opined that such a system could have prevented Brian's death, and the most that might have happened would have been Brian's being startled by a loud clap and falling to the ground after he stepped on top of the cabinet. Doolittle also stated that all other steel mills in Northwest Indiana "without exception" have ground fault protection systems such as he recommended to Beta Id. at 188.

There is also designated evidence in the record that electricians routinely walk on top of metal electrical control cabinets without difficulty in performing their work. Edward McCorkle of Hyre, Brian's foreman, testified in a deposition that in his thirty years as an electrician, every metal electrical control cabinet he was aware of had been strong enough to walk on top of. He also testified, "We work on metal clad switch gear all the time that is energized, and if there was a problem we should have been told." Id. at 742.

Brian Green, Beta's Electrical Maintenance Supervisor,. was aware that electricians sometimes walked on top of electrical control cabinets to perform their work, and he had done so himself on previous occa-gions. He also claimed, however, that he had told McCorkle the top of at least one of the particular cabinets in Beta's control room was too weak to be walked on. The specific cabinet Green pointed out to McCorkle was slightly different and located in a different part of the control room from the cabinet Brian later stepped on. Additionally, there is no evidence Green advised McCorkle of the lack of ground fault protection for the cabinets.

Margaret, individually and as administrator of Brian's estate, sued Beta for negligence in causing his death. She did not sue Hyre or any other party, but Beta did name Hyre as a nonparty defendant in its answer. Beta subsequently moved for summary judgment, which the trial court denied on June 9, 2004. Beta now appeals.1 Additional facts will be provided as necessary.

Analysis

Initially, the parties debate the proper appellate standard of review for a trial court's ruling on a summary judgment motion. Neither party disputes the general proposition that summary judgment is appropriate only if the evidence shows there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Ind. Trial Rule 56(C); Gunkel v. Renovations, Inc., 822 N.E.2d 150, 152 (Ind.2005). It is also clear that we must construe all facts and reasonable inferences drawn from those facts in favor of the nonmoving party. Gunkel, 822 N.E.2d at 152. The review of a summary judgment motion is limited to those materials designated to the trial court and we must carefully review decisions on summary judgment motions to ensure that parties are not improperly denied their day in court. Id.

The dispute in this case over the standard of review arises from language in opinions from this court and our supreme court that arguably is inconsistent. It has been said, "The party appealing from a summary judgment decision has the burden of persuading the court that the grant or denial of summary judgment was erro[68]*68neous." Owens Corning Fiberglass Corp. v. Cobb, 754 N.E.2d 905, 908 (Ind.2001); see also Nance v. Holy Cross Counseling Group, 804 N.E.2d 768, 771 (Ind.Ct.App. 2004), trams. denied. It has also been said, "On appeal from summary judgment, the reviewing court analyzes the issues in the same fashion as the trial court, de novo." LCEOC, Inc. v. Greer, 735 N.E.2d 206, 208 (Ind.2000) (emphasis added); see also Indiana Bell Telephone Co., Inc. v. Time Warner Communications of Indiana, L.P., 786 N.E.2d 301, 305 (Ind.Ct.App.2003). We can understand why the parties might be confused as to how a trial court ruling can be reviewed de novo, while at the same time the appellant has the burden of demonstrating error.

To the extent opinions sometimes say that the appellant bears the burden of persuading the appellate court that the trial court's summary judgment ruling was erroneous, such burden is largely symbolic and nominal. All trial court rulings should be presumed to be correct, but in the context of summary judgment proceedings we will not hesitate to reverse a trial court's ruling if it has misconstrued or misapplied the law, failed to consider material factual disputes, or improperly considered immaterial factual disputes We also give no deference to a trial court's ability to weigh evidence and judge witness credibility, because no such weighing or judging is permitted when considering a summary judgment motion. See Gunkel, 822 N.E.2d at 152.

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

Related

SKAGGS v. FERRELLGAS, INC.
S.D. Indiana, 2023
Lee Till v. Dolgencorp, LLC
Seventh Circuit, 2020
Brad Haskin v. City of Madison, Indiana
999 N.E.2d 1047 (Indiana Court of Appeals, 2013)
Holiday Hospitality Franchising, Inc. v. Amco Insurance Co.
955 N.E.2d 827 (Indiana Court of Appeals, 2011)
McCraney v. Gibson
952 N.E.2d 284 (Indiana Court of Appeals, 2011)
Fal-Meridian, Inc. v. U.S. Department of Health
604 F.3d 445 (Seventh Circuit, 2010)
Yates v. Johnson County Board of Commissioners
888 N.E.2d 842 (Indiana Court of Appeals, 2008)
Swan Lake Holdings, LLC v. Hiles
888 N.E.2d 265 (Indiana Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
830 N.E.2d 62, 2005 Ind. App. LEXIS 1163, 2005 WL 1530637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steel-v-rust-indctapp-2005.