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Judges reverse summary judgment in collision case

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It should be up to a judge or jury to determine whether a driver’s distance in relation to the vehicle in front of him had any impact on a collision between the driver and another vehicle on Interstate 65.

Brittney Romero sued Teddy Brady; Advantage Tank Lines LLC, his employer; and Jonathan Stigler after she was severely injured in a car crash with Brady while driving on I-65 in Scott County. Romero was driving in the left lane and Brady was driving a tractor-trailer in the right lane behind Stigler, who was driving a box truck. After Romero passed Brady, Stigler swerved into the left lane, causing her to drive off the road, lose control and drive perpendicularly into the right lane in front of Brady’s truck, which struck her car.

Romero settled with Stigler, but Brady and Advantage sought summary judgment on Romero’s negligence complaint. They argued Brady did not owe Romero a duty to maintain a certain distance behind Stigler’s truck, and even if he was following Stigler’s truck too closely, there’s no dispute he had a part in causing Romero’s car to leave the road or enter his lane.

Romero argued that Brady owed her a duty of reasonable care and that if he had not been following the truck in front of him as closely, he would have had time to react to the incident. The trial court granted summary judgment in favor of Brady and his employer.

It is well established that motorists have a duty to use due care to avoid collisions, and whether a driver was following another motorist too closely goes to the issue of breach, Judge Michael Barnes wrote in Brittney L. Romero v. Teddy Brady and Advantage Tank Lines, LLC, 72A05-1308-CT-471.

The judges found Brady owed Romero a duty to use due care.

“Without assessing Romero’s likelihood of success at trial, we conclude that the Appellees, as the moving party, did not specifically address the issue of breach in their motion for summary judgment and have not established that only a single inference can be drawn from the facts. The issue of breach remains a question for the trier of fact.” Barnes wrote in reversing summary judgment.

“An act or omission is the proximate cause of an injury if the ultimate injury is one that was foreseen, or reasonably should have been foreseen, as the natural and probable consequence of the act or omission. Whether the collision between Brady and Romero was foreseen or reasonably foreseeable as a natural consequence of Brady following Stigler at the distance he was is a question for the trier of fact.”
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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