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Jill, Roeland, Jaymie and Jordyn Polet v. ESG Security, Inc.

Court of Appeals of Indiana

December 27, 2016

Jill, Roeland, Jaymie and Jordyn Polet, et al., Appellants-Plaintiffs,
v.
ESG Security, Inc., Appellee-Defendant.

         Appeal from the Marion Superior Court The Honorable Timothy W. Oakes, Judge Trial Court Cause No. 49D02-1111-CT-44823

          ATTORNEYS FOR APPELLANTS Maggie L. Smith Frost Brown Todd LLC Indianapolis, Indiana P. Gregory Cross The Cross Law Firm Muncie, Indiana Michael D. Wilhelm Defur Voran LLP Fishers, Indiana Anthony W. Patterson Peter L. Obremskey John M. McLaughlin Paul Kruse Parr Richey Obremskey Frandsen & Patterson LLP Lebanon, Indiana James R. Williams Scott E. Shockley Defur Voran LLP Muncie, Indiana Kenneth J. Allen Robert D. Brown Sarah M. Cafiero Kenneth J. Allen Law Group, LLC Valparaiso, Indiana Matthew Boulton Randall Juergensen Kyle Lamar Keller & Keller Indianapolis, Indiana Thomas Hastings Jeff Oliphant The Hastings Law Firm Indianapolis, Indiana Terry Monday Monday Jones & Albright Indianapolis, Indiana Lee C. Christie Lance D. Cline Cline Farrell Christie & Lee, P.C. Indianapolis, Indiana David W. Stewart Stewart & Stewart Carmel, Indiana W. Scott Montross Michael S. Miller Montross Miller Muller Mendelson & Kennedy, LLP Indianapolis, Indiana Scott A. Benkie Douglas A. Crawford Benkie & Crawford Indianapolis, Indiana Rodney A. Tucker Hausmann-McNally Law Offices Indianapolis, Indiana Vince P. Antaki Reminger Attorneys At Law Cincinnati, Ohio Geoffrey G. Giorgi Merrillville, Indiana Jeffrey J. Stesiak Pfeifer Morgan & Stesiak South Bend, Indiana Steven E. Willsey Indianapolis, Indiana George Hoffman, III Hoffman Admire & Newcomb Franklin, Indiana John LaDue Timothy Curran Ladue Curran & Kuehn LLC South Bend, Indiana Scott Starr Shannon G. Starr Starr Austen & Miller, LLP Logansport, Indiana

          ATTORNEYS FOR APPELLANTS, ALISHA BRENNON AND THE ESTATE OF CHRISTINA SANTIAGO Kenneth J. Allen Robert D. Brown Sarah M. Cafiero Kenneth J. Allen Law Group, LLC Valparaiso, Indiana

          ATTORNEYS FOR APPELLEE Christopher A. Pearcy Theodore J. Blanford Hume Smith Geddes Green & Simmons, LLP Indianapolis, Indiana

          Brown, Judge.

         [¶1] Jill, Roeland, Jaymie and Jordyn Polet, et al., appeal the trial court's grant of a motion for summary judgment filed by ESG Security, Inc. ("ESG"), and raise three issues which we consolidate and restate as whether the trial court properly granted summary judgment in favor of ESG.[1] We affirm.[2]

         Facts and Procedural History

         [¶2] This appeal arises out of the collapse of the stage at the Indiana State Fair on August 13, 2011. The parties cite to a number of documents related to the agreement between the State Fair and Sugarland, the musical artist scheduled to perform that night. A document titled "SugarLand Production / Catering / Technical Rider" states:

III. SECURITY
A. SECURITY GUARDS
Purchaser will provide and pay for professional security guards for protection of Artist, Artist's band and crew, from Load-In until Load-Out is completed.
B. SECURITY MEETING
It will be necessary to hold a security meeting prior to the opening of the doors to the public. Present at the meeting should be: Venue Representative, Purchaser, Head of Security, Tour Manager and Producer's Security Representative. . . .
C. STAGE GUARDS
Purchaser will ensure access to the stage will be guarded by security at all times (with a minimum of 3 security people in front of the stage & 1 on each stage left and right during the performance) and only those persons designated by Producer will be allowed on stage during performance. Security personnel will not be allowed on stage during the performance or in the dressing rooms at any time.
D. OVERNIGHT GUARDS
If the situation requires Artist, band or crew to leave equipment at the venue overnight, security personnel will be needed from the official time the work ends until the official time work begins the following day.
E. MEET AND GREET
2 security guards will be required by the Artists during the Meet and Greet. Please make the specific arrangements for this at the pre-show Security Meeting.
F. VEHICLE GUARDS
Purchaser will be liable for any damage to Artist's buses or trucks that are attributable to negligence on the part of Purchaser and/or Purchaser's Representative should such damage occur while said buses or trucks are at the performance promises [sic] during the period from Load-In until Load-Out is completed. If any of the vehicles must be parked away from the backstage entrance, a security person must be on call at the time and place that vehicle is parked.
G. GUARD LOCATION & TIMES
Dressing Rooms Area 2 from Load until Departure
Stage 5 from Doors until Patrons Clear
Mix Position 2 from Doors until Patrons Clear
Backstage Area 2 from Load In until Departure
Video Projection Areas 1 per location from Doors until Patrons
Clear Appellants'

Appendix at 2503-2505.[3]

         [¶3] The "2011 Indiana State Fair Commission [] Rider" referenced Sugarland and the concert and provided:

THE TERMS OF THIS ISFC RIDER WILL TAKE PRECEDENCE OVER ANY CONFLICTING TERMS CONTAINED IN THE ENGAGEMENT CONTRACT AND ITS ASSOCIATED RIDERS. THIS RIDER IS INCORPORATED BY ...

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