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Mom may be liable for daughter's accident

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The Indiana Court of Appeals judges agreed that a mother may possibly be liable for her daughter’s accident in which she struck a pedestrian with her car after drinking and talking on her cell phone at the time of the accident. The judges didn’t completely agree as to why the mother may be liable.

In Jerry Coleman Buchanan, by his father and guardian, Odell Buchanan v. Candice L. Vowell, Shannon Vowell, et al., No. 49A02-0909-CV-873, Jerry Buchanan sued Shannon Vowell for damages after her daughter, Candice, hit him while driving under the influence and while talking on her cell phone to her mother. Candice and Shannon left work at Brad’s Gold Club, where Candice drank the alcohol. Shannon followed Candice home in her own car and called Candice on the phone before the accident.

Buchanan suffered permanent brain damage and fractures from the accident. He alleged that Shannon knew Candice was intoxicated and should have known talking to her on the cell phone would further impair or distract Candice. He claimed she was liable under Restatement (Second) of Torts Sections 324A and 319. The trial court granted Shannon’s motion to dismiss for failure to state a claim for which relief could be granted.

On interlocutory appeal, the Court of Appeals reversed the dismissal, but disagreed as to which Restatement (Second) of Torts applied. Senior Judge Betty Barteau and Judge Patricia Riley found Restatement (Second) of Torts Sections 324A, 315, and 876 to be relevant. The Court of Appeals has held as a general rule that under the gratuitous undertaking concept defined in Section 324A, someone other than a driver isn’t liable for damages caused by the negligent acts of the driver unless that person has a special relationship that gives him the right to control the vehicle. In this case, Shannon didn’t try to stop her daughter from driving but assisted her by letting her drive and then trying to give her directions over the phone, noted Senior Judge Barteau. In addition, other jurisdictions have held that gratuitous undertakings concerning drivers may result in liability to someone other than the person who injured the party.

The majority also cited Illinois cases that addressed this issue under Section 876, which provides a person is liable for tortious conduct if he or she does a tortious act in concert with the other person. The judges ruled that Shannon agreed to enter into a concerted activity whereby she would follow her drunken daughter and distract or direct her by talking to her on the phone.

“Furthermore, we note that Shannon owed a duty of reasonable care to those that shared the road with her, both motorists and pedestrians,” wrote Senior Judge Barteau. “Shannon, as an individual, may have breached this duty by calling and distracting a person she knew was operating a vehicle while under the influence of alcohol.”

Judge Nancy Vaidik, in a separate concurring-in-result opinion, believed that only Section 876 applied.

“Given our duty to review a ruling on a motion to dismiss by looking at the pleadings in the light most favorable to the non-movant with every reasonable inference construed in the non-movant’s favor, I believe that under these allegations, Shannon could conceivably be liable for aiding or encouraging Candice’s driving while intoxicated and leaving the scene of an accident,” she wrote.

Judge Vaidik also disagreed with the majority’s comments about the cell phone conversation. She didn’t believe merely calling someone on the phone knowing the person is driving and intoxicated constitutes a tortious act on its own.
 

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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