Defendant's Attorney: Anthony Marino Eleftheri and Melanie A. Kalmbach

Description: Evansville, Indiana personal injury lawyer represented the Plaintiff who sued the Defendant on a premises liability
negligence law theory.

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Indiana premises liability negligence law, similar to other states, revolves around the concept of property owner or occupier responsibility for injuries sustained on their property due to unsafe conditions. Here's a breakdown of the key elements:

Duty of care: The duty of care owed by a property owner/occupier depends on the visitor's "status":

Invitee: Highest duty of care. Invitees are people welcomed onto the property for the owner's benefit, like customers and social guests. The owner must use reasonable care to keep the property safe and warn of known dangers.
Licensee: Lower duty of care. Licensees are people allowed onto the property for their own benefit, like delivery workers or repair technicians. The owner must refrain from willful or wanton harm and warn of hidden dangers known to them.
Trespasser: Lowest duty of care. Trespassers are people who enter the property without permission or invitation. The owner owes no general duty to keep the property safe but must avoid willful or wanton harm and may be liable for hidden dangers causing serious injury.

Breach of duty: The injured person must show the owner/occupier failed to fulfill their duty of care based on the visitor's status. Examples include:

Failing to maintain the property in a reasonably safe condition (e.g., broken stairs, cracked sidewalk)
Failing to warn of known dangers (e.g., wet floor, malfunctioning equipment)
Failing to provide adequate security (e.g., inadequate lighting, lack of security personnel)

Proximate cause: The breach of duty must be the direct cause of the injury. The injured person must show that the accident wouldn't have happened without the owner/occupier's negligence.

Damages: If all elements are proven, the injured party can seek compensation for damages, including:

Medical expenses
Lost wages
Pain and suffering
Property damage
Emotional distress

Please remember that this is just a general overview of Indiana premises liability negligence law. Each case is unique, and consulting with an experienced personal injury attorney familiar with Indiana law is crucial for understanding your specific rights and options."

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Outcome: 12/15/2023 40 ORDER LIFTING STAY AND DISMISSING CASE WITH PREJUDICE - The Court ORDERS the CLERK to lift the stay, and the Court further orders that the case is DISMISSED with prejudice. Final judgment shall issue by separate order. SEE ORDER. Signed by District Judge Matthew P. Brookman on 12/15/2023.(JRB) (Entered: 12/15/2023)
12/15/2023 41 FINAL JUDGMENT - Consistent with today's order dismissing this action with prejudice, the Court enters judgment in favor of Defendants and against Plaintiff. Plaintiff shall take nothing by his complaint. Signed by District Judge Matthew P. Brookman on 12/15/2023.(JRB) (Entered: 12/15/2023)

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Defendant's Experts:

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