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St. Margaret Mercy Healthcare Centers5/31/2005
t be read in pari materia and in harmony with related statutes. Id. If the language and the words and phrases in the statute are clear and unambiguous, then we need not interpret the statute but simply apply it as the legislators intended. Shepherd v. Carlin, 813 N.E.2d 1200, 1213 (Ind. Ct. App. 2004).
Due to the nature of roller skating, the Indiana Legislature imposed specific duties and responsibilities upon roller skating rink operators pursuant to Section 1. Correspondingly, as outlined in Section 2, the Indiana Legislature also imposed certain duties upon roller skaters. Furthermore, the Indiana Legislature has provided that, if a roller skating rink operator is in compliance with the specified duties and responsibilities outlined in Section 1, then pursuant to Indiana Code § 34-31-6-4 [Assumption of risk as complete defense; exception.] (hereinafter "Section 4"), the operator is entitled to a complete defense against liability from roller skaters who experience falls due to collisions and incidental contact with other skaters while on the skating rink floor. However, if the evidence establishes that a roller skating rink operator is non-compliant with the statutorily imposed duties and responsibilities of an operator, as found in Section 1, the operator no longer is entitled to a complete defense under Section 4(a), against a skater who sustains an injury related to its non-compliance; but, pursuant to Section 4(b)(1)(2), the matter shifts to a comparative fault analysis under I.C. § 34-51-2-6.
Poland alleged in her complaint that St. Margaret's negligent failure to supervise skaters on the floor was the proximate cause of her injury . The tort claim of negligence has three elements: "(1) a duty owed by the defendant to the plaintiff; 2) a breach of that duty; and 3) injury to the plaintiff resulting from the defendant's breach." Rhodes v. Wright, 805 N.E.2d 382, 385 (Ind. 2004) (citing Estate of Heck v. Stoffer, 786 N.E.2d 265, 268 (Ind. 2003); Douglass v. Irvin, 549 N.E.2d 368, 369 (Ind. 1990)).
Breach of duty was highly contested in this case. Poland argued that St. Margaret breached a duty owed to her as a skater when it failed to use reasonable care in supervising skaters on the floor. Both sides agreed that it was teen night with a mixture of slow and fast pace skating. Poland testified that throughout the night she observed Brian Stewart skating very fast and aggressively; and, that some of the other skaters appeared to be out of control with no supervision. She and Mark testified that they saw a rink guard playing crack the whip with skaters. She testified that she witnessed four to five skaters holding hands while skating, which was a clear violation of St. Margaret's announced safety rule. Poland skated only during the couples' skating times when the pace was slower and fewer people were on the floor. She testified that there was no pause between the end of the slow skating and the beginning of the all skating. Poland testified that she was prevented from leaving the skating floor through one exit because it was jammed with skaters who were rushing onto the skating floor to participate in the all skating. As she attempted to leave through the next exit, she saw Brian Stewart chasing another boy, both of whom were skating very fast and aggressively toward her. She was unable to make the exit before being knocked to the skating floor by Brian Stewart and breaking her wrist.
St. Margaret countered with testimony from its employees and Brian Stewart. Charles Eyermann (Eyermann), a former floor supervisor, testified that though he worked the night of Poland's injury, he had no independent recollection of the night in question. However, he testified that in gene
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