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St. Margaret Mercy Healthcare Centers5/31/2005
hey did not have; 2) the instruction would contradict Section 3 and eviscerate St. Margaret's affirmative defense of "assumption of risk" by skaters;" 3) the instruction "invited [the jury] to attribute zero percent of the fault to the plaintiff . . . in clear contradiction of the statute"; and 4) giving the instruction was not "an accurate statement of the law with respect to this case." St. Margaret's Br. 5, 6.
Unfortunately, there are no Indiana cases to be found interpreting the roller skating statutes and, therefore, we are writing on a blank slate. However, when construing a statute, we attempt to ascertain and give effect to the legislative intent. Becker v. Four Points Investment Corp., 708 N.E. 2d 29, 31 (Ind. Ct. App. 1999). And in doing so, we consider the goals of the statute and the reasons and policy underlying its enactment. MDM Invs. v. City of Carmel, 740 N.E.2d 929, 934 (Ind. Ct. App. 2004). "Where a statute previously has not been construed, the interpretation is controlled by the express language of the statute." Becker, 708 N.E.2d at 31. Also, when interpreting a statute, it is important that we recognize what the statute does not say, as well as what it does say, and are careful not to substitute our opinion for that of the Legislature. Blackmon v. Duckworth, 675 N.E.2d 349, 352 (Ind. Ct. App. 1996).
We have long held that this court may not interpret a statute that is clear and unambiguous on its face. Sightes v. Baker, 684 N.E. 2d 224,227 (Ind. Ct. App. l997), trans. denied. Likewise, when a statute is clear and unambiguous, there is no need to apply any rules of construction other than requiring words and phrases to be taken in their plain, ordinary and usual sense. Benham v. State, 637 N.E.2d. 133, 136 (Ind. 1994). However, statutes are to be examined and interpreted as a whole, MDM Invs., 740 N.E.2d at 934. Further, we owe no deference to the trial court's interpretation of a statute, as such is a pure question of law and reviewed de novo by this court. Kaser v. Barker, 811 N.E.2d 930, 932 (Ind. Ct. App. 2004), trans. denied.
Upon reviewing the relevant statutes herein, we find that the Indiana Legislature has clearly spoken. Pursuant to Section 1, the legislature imposed specific duties and responsibilities upon roller skating rink operators. Further, pursuant to Section 1(3)(1)(B)(9), an operator is required to provide floor supervisors who are responsible to "use reasonable care in carrying out the floor supervisor's duties," including the "use of reasonable care in supervising roller skaters" to comply with Section 2. St. Margaret advances that if the jury should find that the operator has complied with the statutorily imposed duties, assumption of the risks by skaters is a complete defense in favor of operator against an action by a skater for injuries resulting from the assumed risks. On the other hand, St. Margaret concedes that pursuant to Section 4(b)(1)(2), the statute provides that if the jury should find that the operator did not comply with the statutorily imposed duties and responsibilities, the operator is no longer entitled to a complete defense, but that the parties proceed to comparative fault. St. Margaret argues, however, that even in a comparative fault analysis, assumption of risks by the skater is presumed as an element to be determined as a percentage of fault against the skater, and factored into the apportionment of fault among the parties and non-party, in this case. In conclusion, St. Margaret asserts that the statutory provision found in Section 4(b), does not negate the "legislatively established assumption of risk and replace it with a subjective analysis" for the skater, but, that the language merely provides that the operator i
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