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Tuesday, February 24, 2015

Ind. Decisions - Another COA ruling today

In Meridian North Investments LP v. Anoop Sondhi DDS, MS, an 11-page opinion, involving a summary judgment motion, Judge Barnes writes:

On the morning of December 22, 2010, Dr. Sondhi was injured when he slipped and fell on a patch of ice outside the office building as he was about to enter the building. Dr. Sondhi sued Meridian North, alleging it had been negligent in failing to keep the common areas of the office building free from ice and had breached its contractual obligation to clear ice from the premises. * * *

[A]s Dr. Sondhi notes, the Lease is not between him and Meridian North; it is between Sondhi-Biggs and Meridian North. Dr. Sondhi signed the Lease in his capacity as President of the corporation. * * *

There is insufficient evidence on summary judgment to pierce the corporate veil and make Dr. Sondhi interchangeable with Sondhi-Biggs. As such, Meridian North has failed to establish that Dr. Sondhi is effectively the tenant under the Lease and is personally bound by the exculpatory clauses. Dr. Sondhi’s personal injury claim against Meridian North may proceed.

Posted by Marcia Oddi on February 24, 2015 03:29 PM
Posted to Ind. App.Ct. Decisions