Jill, Roeland, Jaymie and Jordyn Polet, et al., Appellants-Plaintiffs,
ESG Security, Inc., Appellee-Defendant.
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
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. We affirm.
and Procedural History
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:
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
Appendix at 2503-2505.
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