Case Background
Taylor Wilson filed a personal injury lawsuit against Olive Cleveland Partners, LLC and Pemberton, LLC after she slipped and fell on snow and ice in a warehouse parking lot in South Bend, Indiana. The case proceeded to a jury trial in St. Joseph Circuit Court, St. Joseph County, Indiana.
Cause
On February 17, 2021, Wilson walked through the parking lot of a warehouse located at 3507 Olive Street, South Bend, Indiana 46628. Olive Cleveland Partners, LLC owned and operated the warehouse. Wilson slipped and fell due to the presence of snow and ice on the pavement. Wilson alleged the condition was unreasonably dangerous and that the Defendants failed to correct it or warn invitees about it.
Pemberton, LLC held a Seasonal Snow and Ice Services Agreement with Olive Cleveland Partners, LLC, effective October 1, 2020, which covered snow and ice removal from paved portions of the property, including the parking lot. Wilson named both entities as Defendants, alleging each owed her a duty of care and each breached that duty.
Injury
Wilson alleged she fell violently to the ground and sustained severe injuries, both permanent and temporary. She reported great physical pain and mental anguish. The complaint did not specify the nature of the injuries beyond these general descriptions.
Damages Sought
Wilson sought compensatory damages in an amount adequate to fully compensate her for all losses, including medical expenses, lost income, pain and suffering, and costs of the action. No specific dollar figure appeared in the complaint.
Key Arguments and Proceedings
Olive Cleveland Partners, LLC filed a crossclaim against Pemberton, LLC, asserting breach of contract and indemnification. The crossclaim alleged the snow removal agreement required Pemberton to indemnify and hold harmless Olive Cleveland for any claims arising from injuries connected to Pemberton's services on the property. Olive Cleveland tendered its defense to Pemberton and requested indemnification. Pemberton rejected both.
Pemberton denied that the indemnification provision was enforceable under Indiana law and denied that the conditions triggering the provision were met. Pemberton also argued that the exhibit attached to the crossclaim did not constitute the entire agreement and pointed to its own document production and the deposition transcript of Dino Hadzimesic, a representative of Bradley Co., as evidence of the full scope of the parties' arrangement.
At trial, the jury considered Wilson's negligence claim against Olive Cleveland Partners, LLC only. Pemberton, LLC appeared on the verdict form as a non-party for purposes of fault allocation.
Legal Representation
Plaintiff: Taylor Wilson
· Counsel for Plaintiff: Nathan D. Ridgway | Clint Anthony Zalas | Jeremy John McDonald | Michael John Roose
Defendant: Olive Cleveland Partners, LLC
· Cousel for Defendant/Crossclaim Defendant: James Joseph O'Connor | Carta Harlii Robison
· Counsel for Pemberton, LLC: Matthew J. Kowals
Key Arguments or Remarks by Counsel
Claims
Wilson alleged that Olive Cleveland Partners, LLC and Pemberton, LLC each owed her a duty of care as an invitee on the property. She claimed both Defendants knew or should have known about the unreasonably dangerous condition created by snow and ice accumulation in the parking lot. Wilson asserted the Defendants failed to correct the hazard and failed to warn invitees of its existence. She attributed her injuries entirely to the Defendants' negligence.
Olive Cleveland Partners, LLC pursued two counts against Pemberton, LLC in its crossclaim. Under Count I, Olive Cleveland alleged breach of contract, arguing Pemberton refused to honor the defense and indemnification obligations contained in the snow removal agreement. Under Count II, Olive Cleveland sought common law indemnification, asserting it bore no independent fault for Wilson's injuries and that any liability it carried was solely derivative of Pemberton's contractual responsibility for snow and ice removal at the property.
Defense
Pemberton raised twelve affirmative defenses to the crossclaim. Among them, Pemberton argued the indemnification provisions were invalid and unenforceable under Indiana law and against public policy. Pemberton also contended it was not contractually obligated to remove snow and ice from the specific area where Wilson fell, which would defeat the crossclaims as a matter of law.
Pemberton asserted that Olive Cleveland's damages resulted from the actions of non-party tortfeasors, specifically identifying Total Impact Logistics LLC, Amazon.com Services LLC, and Amazon.com and/or Amazon DSP. Pemberton further argued that any alleged acts or omissions on its part were mere conditions or remote causes of the injuries, not proximate causes, and that superseding or intervening causes contributed to the incident.
Jury Verdict
On August 29, 2025, the jury returned a verdict in favor of Taylor Wilson and against Olive Cleveland Partners, LLC. The jury assigned fault as follows: Taylor Wilson received 45%, Olive Cleveland Partners, LLC received 45%, and non-party Pemberton, LLC received 10%.
Because Wilson's share of fault did not exceed 50%, she remained eligible to recover damages under Indiana's comparative fault statute. The jury determined total damages at $3,000,000. After applying Olive Cleveland Partners, LLC's 45% share of fault, the jury calculated Wilson's verdict amount against Olive Cleveland Partners, LLC at $1,350,000.
Court Documents
