INDIANAPOLIS — An Indiana appellate court has revived a negligence lawsuit against Indiana University Health, ruling that the hospital system failed to disprove claims that missing parking lot safety barriers contributed to a guard being run down by fleeing suspects.
The decision by the Indiana Court of Appeals overturns an earlier summary ruling favoring IU Health. It sends the six-year legal battle back to the trial court for further proceedings.
The case stems from an August 9, 2017 incident at IU Health Methodist Hospital in Indianapolis. Paul McGann, a police officer working off-duty as a security guard through subcontractor Calvert Asset & Property Protection, responded to reports of a phone theft in the emergency department parking lot. When hospital officers confronted two suspects pulling out of a parking bay, McGann stepped directly in front of the vehicle to block its path. The driver accelerated without warning, slammed into McGann, and sped away, inflicting severe injuries.
Two years later, in August 2019, McGann filed a premises liability suit against IU Health.
His complaint alleged that the hospital breached its legal duty to maintain safe grounds by failing to install or maintain physical speed bumps and vehicular barricades that could have shielded pedestrians from fleeing traffic. While McGann initially named security firm owner James Calvert for alleged deficiencies in training, gear, and insurance coverage, Calvert was subsequently removed from the litigation, leaving IU Health as the primary defendant.
IU Health moved for summary judgment, demanding the trial court dismiss the case without a full trial. Hospital attorneys contended that property owners hold no legal obligation to anticipate or control the actions of fleeing criminal suspects.
McGann pushed back.
He argued that IU Health deliberately deflected the core issue. His claim did not hinge solely on policing third-party criminals, but on the hospital's independent failure to maintain physical perimeter infrastructure capable of slowing vehicular traffic in high-pedestrian zones. The trial court dismissed McGann’s lawsuit without issuing a detailed written rationale, prompting his appeal.
| Case Parameter | Legal Record Detail |
|---|---|
| Plaintiff | Paul McGann (Off-duty officer / Security Guard) |
| Primary Defendant | Indiana University Health (IU Health) |
| Subcontractor Cited | Calvert Asset & Property Protection (later removed) |
| Incident Date | August 9, 2017 |
| Lawsuit Filing Date | August 2019 |
| Incident Location | IU Health Methodist Hospital, Indianapolis |
The Indiana Court of Appeals dismantled IU Health's defense, finding that the healthcare provider sidestepped the physical safety allegations at the heart of the complaint.
Writing for the court, the panel emphasized that commercial landholders retain an established duty to take reasonable precautions against foreseeable physical hazards on their premises. IU Health’s dismissal motion targeted only the duty to control third parties, leaving McGann's claims regarding absent physical barriers entirely unaddressed.
Police reports and supplemental records submitted by the hospital documented the collision itself, but offered zero evidence regarding the parking lot’s physical layout, grading, or barrier controls. Furthermore, the appellate panel ruled that IU Health could not raise new arguments regarding causation for the first time in its final reply brief, depriving McGann of an opportunity to respond.
The lawsuit now returns to the trial court docket, where IU Health must directly contest McGann's structural negligence claims before a judge.
| Appellate Ruling Date |
| November 6 |
| Action Taken | Summary judgment reversed; case remanded to lower court |