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Peters v. Forster6/25/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Wayne and Helen Peters appeal the trial court's grant of summary judgment in favor of Donald Forster. Upon appeal, the Peters claim that the trial court erred in granting Forster's motion for summary judgment on their claim of negligence, and raise the following restated issue: Does an independent contractor who performs work in knowing or negligent violation of applicable building codes owe a duty to third parties injured as a result of the defective condition where the work has been completed and accepted by the owner or general contractor.
We reverse.
FACTS AND PROCEDURAL HISTORY
In the summer of 1998, Earl and Avonda Hamm purchased from their daughter's neighbor a ramp to access their home. The Hamms were both in poor health, and Earl was bedridden in a hospital bed in the living room of the couple's home. Donald Forster, an independent contractor and landlord, agreed to have two of his employees transport and attach the pre-built ramp to the Hamm residence. The installation of the ramp was completed in a matter of hours, and Forster received approximately seventy-five dollars for the work. Forster testified that the ramp was too steep and in violation of the applicable building codes for handicapped ramps. However, he stated that he did not believe the ramp was to be used as a handicapped or wheelchair ramp. Forster was not familiar with the applicable building codes for ramps that are used for other purposes besides handicapped ramps.
On March 15, 1999, Wayne Peters delivered a meal to the Hamm residence. As he left the home, his feet slipped from underneath him on the ramp, and he fell and injured himself. He incurred more than $134,000.00 in medical bills and has been unable to work. The Peters subsequently filed a lawsuit against the Hamms, alleging they were negligent in the maintenance of the ramp. By amended complaint, Donald Forster was later added as a defendant. The Hamms were dismissed from the case after the claim against them was settled. Forster moved for summary judgment, which the trial court granted:
Upon review of facts and evidence presented at hearing on "Motion For Summary Judgment", the Court now having considered the "Defendant's Motion For Summary Judgment" and being duly advised of the premises and pursuant to Trial Rule 56-B, does hereby grant the Defendant's motion and enters judgment for the Defendant, finding as a matter of law that the Defendant, Donald Forster, did not owe a duty to the Plaintiff, that his work was for [the Hamms].
This work was done in accordance with their request, accepted, and paid for. The contract was a limited contract to move and reattach a ramp, not to construct or reconstruct a ramp. The Defendant was hired for a limited scope of employment, and complied with the requirements of that limited scope for the benefit of the property owner and in accordance with their wishes. Appellant's Appendix at 1.
The Peters now appeal the trial court's grant of summary judgment in favor of Forster.
DISCUSSION AND DECISION
The purpose of summary judgment is to end litigation about which there can be no factual dispute and which may be determined as a matter of law. LeBrun v. Connor, 702 N.E.2d 754, 756 (Ind. Ct. App. 1998). When reviewing a decision on a summary judgment motion, we apply the same standard as the trial court. Wickey v. Sparks, 642 N.E.2d 262, 265 (Ind. Ct. App. 1994), trans. denied (1995). Summary judgment is appropriate only when the designated evidentiary material shows that there is no genuine issue as to any material fact and that the moving party is entitl
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