BROWN, Judge.
Brad Haskin appeals the trial court's summary judgment ruling in favor of the City of Madison, Indiana (the "City"). Haskin raises one issue, which we revise and restate as whether the court erred in granting summary judgment in favor of the City. We affirm.
The Madison Regatta includes festivities, events, and boat races on the Ohio River, and thousands of people visit Madison for the event. Haskin was a member of a racing team crew and arrived in Madison on or about July 3, 2008, for the Regatta. Haskin and several others with the team stayed at a rental cottage on Jefferson Street within walking distance of the pit area. On the evening of July 5, 2008, after viewing a fireworks show from the pit area, Haskin and several others began to walk to the rental cottage. They walked east on Vaughn Drive and turned left to walk north on Jefferson Street. An
On June 22, 2009, Haskin filed a complaint for damages against the City which alleged in part that he stepped into a storm sewer drain that had a partial iron grate covering the center of the drain with large openings on either side. The complaint alleged that the City was negligent in designing, constructing, and maintaining the sewer drain, in failing to properly illuminate the drain and provide proper signage warning pedestrians of the condition around it, in the planning and coordination of the special event, and by failing to properly coordinate pedestrian pathways that were free of dangerous conditions. The complaint also alleged that the City knew or should have known that pedestrians would be walking in the streets due to the large crowds and had in fact closed off the streets from vehicular traffic for just this purpose, and that as a direct and proximate result Haskin ruptured his Achilles tendon.
On November 18, 2011, the City filed a motion for summary judgment together with designated evidence and a supporting memorandum. The City argued that it is immune from liability for Haskin's claims pursuant to Ind.Code § 34-13-3-3(18) because the gutter, sewer intake, and concrete trough all remained unchanged for twenty years prior to the accident; that it owed no duty to Haskin because the street where the accident occurred was not within its control at the time as it ceded control of the area to Madison Regatta, Inc. ("MRI") for the event; and that Haskin's claim against the City is barred because he was contributorily negligent. Haskin filed a response and designation of evidence in opposition to summary judgment on February 24, 2012, and argued that the City is not immune under Ind.Code § 34-13-3-3(18) and owed a duty of reasonable care, that the City retained control over its own improvements and did not transfer control of the area to MRI (and was not permitted to delegate its duty to maintain the area), and that his claim is not barred by contributory negligence as there is nothing in the evidence showing that as a matter of law his conduct was negligent or unreasonable. The City filed a reply on February 29, 2012.
The trial court held a summary judgment hearing on April 24, 2012,
The issue is whether the trial court erred in granting summary judgment in favor of the City and against Haskin. Summary judgment is appropriate only where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56(C); Mangold ex rel. Mangold v. Ind. Dep't of Natural Res., 756 N.E.2d 970, 973 (Ind.2001). All facts and reasonable inferences drawn from those facts are construed in favor of the nonmovant. Mangold, 756 N.E.2d at 973. Our review of a summary judgment motion is limited to those materials designated to the trial court. Id. In reviewing a trial court's ruling on a motion for summary judgment, we may affirm on any grounds supported by the Indiana Trial Rule 56 materials. Catt v. Bd. of Commr's of Knox Cnty., 779 N.E.2d 1, 3 (Ind.2002). The entry of specific findings and conclusions does not alter the nature of a summary judgment which is a judgment entered when there are no genuine issues of material fact to be resolved. Rice v. Strunk, 670 N.E.2d 1280, 1283 (Ind.1996). In the summary judgment context, we are not bound by the trial court's specific findings of fact and conclusions of law. Id. They merely aid our review by providing us with a statement of reasons for the trial court's actions. Id.
The trial court's summary judgment ruling in favor of the City was premised in part on the conclusions that the City was immune from liability under Ind.Code § 34-13-3-3(18) and that the City did not owe a duty to Haskin relating to Jefferson Street.
Haskin argues that, even under Ind. Code § 34-13-3-3(18), a governmental entity has a duty to provide public roadways in a reasonably safe condition and that determination is a question of fact. Haskin further contends that the City owed him a duty to maintain the storm sewer where he was injured and that the Lease Agreement between the City and MRI expressly stated that MRI did not have control over any improvements and could not make any changes to the improvements without express permission. The City maintains that Ind.Code § 34-13-3-3(18) applies to the gutter and storm sewer intake, that the design of the area remained unchanged for more than twenty years prior to the date of the accident, and that the purpose of the statute is to immunize governmental entities for design defects in older roadways. The City notes that Haskin's claim does not arise from any deterioration in the condition in Jefferson Street's gutter, sewer intake or concrete trough, that he was injured due to the slope of the concrete trough, and that the design and placement of the concrete trough and its inclusion into the design and construction of Jefferson Street is subject to immunity. The City also asserts that the street where the accident occurred was not within its control at the time of the accident, as evidenced by the terms of the designated Resolution passed by the City's Board of Public Works and the designated Lease Agreement between the City and MRI, that the location Haskin was injured was within the area that had been fenced off in order for MRI to assume control, and that as a result the City owed no duty to Haskin.
With respect to Haskin's claim that the City was negligent in designing or constructing the curb or sewer drain, Ind. Code § 34-13-3-3 provides:
The designated evidence reveals that Haskin stepped onto the depressed portion of the concrete curb, which was part of the curb's design, sloping downward leading to the sewer, and that as a result he sustained injuries. The designated evidence
To the extent Haskin claims the City was negligent in the design of the sewer drain and the City had a duty with respect to that claim, we agree with the City that, pursuant to Ind.Code § 34-13-3-3(18), the City was not required to ensure that the design of the curb and sewer drain, which were designed or redesigned at least twenty years prior to Haskin's injury and were not altered by any resurfacing in 2002, was consistent with current practice or safety standards. The City was not required to redesign the sewer drain in an effort to incorporate ever-evolving technology. See Hiland v. State, 879 N.E.2d 621 (Ind.Ct. App.2008) (finding that INDOT, under Ind.Code § 34-13-3-3(18), was not required to ensure that roads that were designed or redesigned twenty years prior to the loss meet current safety standards and was not required to redesign roads in an effort to incorporate ever-evolving technology). Haskin does not show that the curb or sewer drain were in a deteriorated condition. The designated evidence demonstrates that the curb and sewer drain were not unreasonably unsafe. The City was immune from liability under Ind.Code § 34-13-3-3(18) with respect to Haskin's claim that it negligently designed, constructed, or maintained the sewer drain.
Moreover, Haskin's other negligence allegations essentially relate to whether the grounds leased to MRI for the Regatta, including Jefferson Street, were properly managed and whether pedestrian traffic was properly conducted. At the time of the accident, MRI and not the City controlled these matters. An owner of property generally is under a duty to keep the property in a reasonably safe condition for invitees and has an affirmative duty to exercise ordinary care to keep the property in a reasonably safe condition coextensive with the purpose and intent of the invitation. Beta Steel, 830 N.E.2d at 70; see Harris, 759 N.E.2d at 225 ("The thread through the law imposing liability upon occupancy of premises is control. Only the party who controls the land can remedy the hazardous conditions which exist upon it and only the party who controls the land has the right to prevent others from coming onto it. Thus, the party in control of the land has the exclusive ability to prevent injury from occurring.") (citations, internal quotation marks, and brackets omitted). This court has stated: "In premises liability cases, whether a duty is owed depends primarily upon whether the defendant was in control of the premises when the accident occurred.... Generally, whether a duty exists is a question of law for the court to decide." Beta Steel, 830 N.E.2d at 70
As noted, at the time of the accident MRI and not the City controlled the matters of which Haskin complains. Further, the designated evidence shows the presence of a streetlight on Vaughn Drive directly across from the area in question and a sidewalk fore pedestrian traffic running alongside Jefferson Street. The designated evidence also includes a Resolution of the Board of Public Works and Safety of the City adopted on June 18, 2008, which resolved that certain streets including the location Haskin was injured "shall be closed from 12:00 p.m. on Tuesday July 1, 2008, to 7:00 a.m. on Monday, July 7, 2008" and that "said streets as closed shall be under the supervision and control of [MRI] at the times noted above for the year 2008." Appellee's Appendix at 17 (emphasis added). In addition, the designated evidence includes a Lease Agreement between the City and MRI entered into on June 4, 2008. The Lease Agreement provided in part that the City would "free from dirt, rubbish, and other obstructions or encumbrances," and that MRI would "take good care of the improvements located on the demised premises and keep them free from waste or nuisance of any kind." Appellant's Appendix at 32. The Lease Agreement also provided that MRI "shall not make any alterations, additions, or improvements to the demised premises without the prior written consent of the [City]" and that MRI would "maintain and pay for general liability insurance to afford protection" in the event of an accident, injury, or death. Id. at 32, 34.
The terms of the resolution and the Lease Agreement demonstrate that the City did not control the streets in the area closed to vehicular traffic during the Regatta. The fact that the Lease Agreement required MRI to obtain the City's consent before making alterations, additions, or improvements does not mean that MRI did not control the condition of Jefferson Street, could not have taken the precautions necessary to protect pedestrians, or could not have obtained the City's consent to make alterations if necessary. The resolution and the Lease Agreement transferred supervision and control of the property, including the curb and sewer drain on Jefferson Street where Haskin was injured, from the City to MRI for the term of the Regatta, and MRI was in the best position to control the pedestrian traffic and condition of the property it leased from the City. Cf. Thayer v. James Whitcomb Riley Festival Ass'n Inc., 802 N.E.2d 7, 8-12 (Ind.Ct.App.2003) (noting that the Riley Festival leased booth space to vendors on certain city streets in the City of Greenfield to conduct festival activities and that no contract transferred the duty to maintain the sidewalks from the city to the Riley Festival); Mishler v. State, 730 N.E.2d 229, 231 (Ind.Ct.App. 2000) (holding in part that the State had neither possession nor control of a roadway and was thus in no position to rectify any unsafe condition, that once the roadway was relinquished to the city the State had no duty to the entrants on that roadway, and that summary judgment in favor of the State was proper).
With respect to Haskin's claim that the City was negligent in the design, construction or maintenance of the curb or sewer drain, we conclude that the designated evidence demonstrates that the City is immune from liability. With respect to Haskin's other negligence claims, the designated evidence demonstrates that the City did not owe a duty to Haskin as it did not possess or control the condition of Jefferson Street at the time of his injury nor did it manage the pedestrian traffic or other aspects of the Regatta.
For the foregoing reasons, we affirm the trial court's order granting the City's motion for summary judgment.
Affirmed.
ROBB, C.J., and BARNES, J., concur.