Ransburg v. Richards

770 N.E.2d 393 (Ind. Ct. App. 2002)

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Ransburg v. Richards

Indiana Court of Appeals
770 N.E.2d 393 (Ind. Ct. App. 2002)

SC

Facts

Ransburg (defendant) leased an apartment to Richards (plaintiff). The lease stated that Ransburg could not be liable for personal or property damages incurred by Richards in common areas of the apartment building and complex. The lease further stated that any use of such areas by Richards was at her own risk. One night it snowed approximately two inches. As Richards was walking to her car the next morning, she slipped on ice in the parking lot, injuring herself. Richards brought a negligence action against Ransburg. Ransburg filed a motion for summary judgment based on the exculpatory clause in the lease. The trial court denied the motion. Ransburg appealed.

Rule of Law

Issue

Holding and Reasoning (Barnes, J.)

Dissent (Najam, J.)

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