Indiana court revives security guard’s negligence case after 2017 hospital parking lot accident.
The incident took place on August 9, 2017, at IU Health Methodist Hospital, according to details of the case available on Justia . The trouble began when a woman reported that two people had stolen her phone in the hospital’s emergency department parking lot. McGann, who was a police officer, was working off-duty as a security guard at the hospital. He was employed through Calvert Asset & Property Protection, a subcontractor of the security company hired by IU Health. Hospital police officers reached the spot and approached the suspects as their car was pulling out of a parking space. The officers asked them to stop and questioned them about the stolen phone. McGann also arrived at the scene and stood in front of their car. The vehicle suddenly accelerated, hit him and sped away. McGann suffered injuries. It also examined the police report and supplementary report submitted by IU Health. These documents described how McGann was struck by the car but did not provide details about the parking lot’s layout or condition.
Security guard sued the hospital
The hospital maintained that McGann had not provided evidence showing that speed bumps or barricades would have prevented the accident. The trial court eventually ruled in favour of IU Health without giving a detailed explanation. It also pointed out that McGann’s complaint specifically mentioned missing speed bumps and barricades. This meant his allegation concerned the physical condition of the hospital’s property. However, IU Health’s request to dismiss the case had focused only on whether it was responsible for controlling the suspects who drove away. The hospital had not directly challenged the allegation about the missing barriers.
McGann then challenged that decision before the Indiana Court of Appeals.