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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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