262 Ind. 82 - Hammond v. Allegretti

How this case has been cited

3 federal appellate · 89 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Dissenting Opinion

Givan, J.

¶2I respectfully dissent from the majority opinion in this case.

¶3I completely agree with the opinion of the Court of Appeals found at 288 N.E.2d 197.

¶4The majority opinion in this case sees fit to deviate from the weight of authority throughout the country and in so doing is establishing a most difficult responsibility upon the owners of private business parking lots. The rule of law which this opinion overturns has been based upon the realistic recognition that the average person is well aware of such natural hazards as rain, snow and ice; that the accumulation of these elements is readily discernible to the casual observer, and that all persons must proceed with reasonable caution when obviously hazardous conditions prevail. C.J. Hoffman of the Court of Appeals has correctly followed the weight of authority in this and other jurisdictions in this regard.

¶5I would not disturb that decision.

Prentice, J., concurs.

¶6Note.—Reported at 311 N.E.2d 821.