Carla S. Arthur, as Special Representative of the Estate of Mitch Arthur, deceased, Appellant-Plaintiff,
MacAllister Machinery Co., Inc., and MacAllister Rental, LLC, Appellees-Defendants
from the Knox Circuit Court The Honorable Sherry E. Gregg
Gilmore, Judge Trial Court Cause No. 42C01-1301-CT-5
ATTORNEY FOR APPELLANT Joseph E. Allman Indianapolis,
ATTORNEYS FOR APPELLEES Kevin C. Schiferl Darren A. Craig
Carla S. Arthur, as Special Representative of the Estate of
Mitch Arthur, (the Estate) appeals from the trial court's
order granting summary judgment in favor of MacAllister
Machinery Co., Inc., and MacAllister Rental, LLC
(collectively, MacAllister). On appeal, the Estate argues
that the trial court improperly granted summary judgment on
its negligence claim against MacAllister.
& Procedural History
MacAllister operates approximately twelve equipment rental
facilities from which its customers, primarily industrial
concerns, rent or lease heavy equipment. In 2008, MacAllister
began leasing heavy equipment to Scepter Inc., which operated
a secondary aluminum recycling facility in Bicknell, Indiana.
Over the years, MacAllister had leased over twenty different
aerial boom lifts to Scepter for use in various applications.
On January 23, 2012, MacAllister delivered yet another boom
leased by Scepter to the Bicknell facility.
With every rental, MacAllister performed an inspection of the
equipment and completed an Equipment Condition Report (ECR).
Those ECRs were presented to, reviewed by, and signed by
receiving personnel upon delivery of the equipment. The ECR
for the boom lift at issue reflected that an inspection of
the boom lift, including checking its fluid levels, tire
condition, safety features, decals, manuals, and fuel level,
had been performed. It is further indicated on the ECR that
the operating controls and safety devices were working
properly at the time of delivery. In this same portion of the
ECR is a place to acknowledge that "Only properly
trained personnel (see back of form) shall operate
this equipment." Appellant's Appendix Vol.
2 at 176 (underlining in original). Next to this
statement, the box indicating "yes" is marked.
Id. On the reverse side of the ECR, the
responsibilities of the boom lift's user/operator are set
out, including that:
• the user shall ensure only properly trained
individuals will operate the aerial platform
• the operator be trained on the equipment
• the user and their operators shall perform work place
inspections prior to use of the aerial platform, and
• the user shall direct his operating personnel and
supervise their work to ensure operation of the aerial
platform in compliance with the ...