David Bartos v. Lowe's Home Centers, LLC, Century Fire Protection LLC, and Maximum Fire Protection, LLC

Summary

The United States District Court for the Southern District of Indiana denied Century Fire Protection LLC's motion for summary judgment in David Bartos's negligence action arising from a slip on black ice in a Lowe's parking lot. The court held that factual issues remained regarding whether Maximum Fire Protection acted as Century's agent and whether Century controlled the condition causing Bartos's injury. The court rejected Bartos's alternative argument that Century assumed a non-delegable contractual duty.

Holdings

1. Summary judgment was improper because the Services Agreement and designated evidence supported an inference that Maximum acted as Century's agent, and whether an agency relationship existed was a fact question for the trier of fact.
2. Century was not entitled to summary judgment on the premises-liability theory because material factual disputes remained regarding which entity possessed or controlled the parking lot and the water-created condition that caused Bartos's injury.
3. The Services Agreement did not establish, as a matter of law, that Century assumed a non-delegable duty to protect third parties from harm or to maintain safe conditions, because the agreement did not affirmatively and specifically express that intent.
4. Century's motion for summary judgment was denied because genuine disputes of material fact remained regarding agency and control, and Century was not entitled to judgment as a matter of law.

Questions Presented

1. Whether Maximum acted as Century's agent or independent contractor, such that Century could be vicariously liable for Maximum's negligence.
2. Whether genuine disputes of material fact existed regarding Century's possession or control of the parking-lot condition for purposes of premises liability.
3. Whether Century assumed a non-delegable duty of care by contract.
4. Whether Century was entitled to summary judgment on Bartos's negligence claim.

Disposition

other