Uebelhack Equipment v. Garrett Brothers

Plaintiff-appellants Dorothy and John Hirschauer are appealing a summary judgment rendered in favor of defendant-appellee C & E Shoejobbers, Inc. (C & E) with respect to their damage complaint for injuries suffered by Mrs. Hirschauer when she slipped and fell on a slick public sidewalk in Shelbyville, Indiana, in front of property which C & E, as original lessees, had subleased to a third party. On appeal, the Hirschauers contend C & E had a duty to remove ice or snow and that summary judgment was therefore improper, and that summary judgment was also improper because there was a material issue of fact as to whether C & E or its unspecified agents negligently attempted to remove ice and snow or had "control" of the sidewalk so as to be responsible for its condition. Because C & E had no duty to remove ice and snow and the Hirschauers have in essence improperly rested on the mere allegations of their complaint with respect to their other possible theories of liability, the trial courts grant of summary judgment in favor of C & E is affirmed.