Jennifer Pennington v. Memorial Hospital of South Bend, Inc.

Summary

The Indiana Supreme Court held that the interlocutory appeal encompassed all issues arising from the certified summary-judgment order. It affirmed summary judgment for the pool architects because the plaintiffs lacked admissible evidence that they breached their professional standard of care, but held that factual disputes required trial of the claims against the hospital, except for the water-level issue. The Court held that the hospital’s operational claim involved a dangerous condition rather than an activity and that its expert’s testimony supported both the maintenance-and-operation and design claims.