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No summary judgment in mailbox case

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The owners of a mailbox struck by a woman's car that left the road inexplicably aren't entitled to summary judgment on the woman's negligence claim, the Indiana Court of Appeals affirmed today.

There are many genuine issues of material fact in the case James and Erica Sparks v. Barbara and Chester White, No. 88A01-0804-CV-172, which makes the denial of the Sparkses' motion for summary judgment by the trial court correct, the appellate court ruled.

For some unknown reason, Barbara White's car crossed the center line in front of the Sparkses' house, left the road, and struck the Sparkses' brick mailbox support, which was three feet from the road. White was injured and she and her husband, Chester, filed a negligence suit claiming the Sparkses maintained "an unreasonably dangerous mailbox on their property."

The Sparkses contend they are entitled to summary judgment as to the duty and proximate cause elements in the tort of negligence. Citing Ousley v. Board of Commissioners of Fulton County, 734 N.E.2d 290, 293 (Ind. Ct. App. 2000), the Court of Appeals found a genuine issue of material fact in relationship between the distance of the mailbox from the road and whether the accident and injury could have been foreseen.

The location of the mailbox is to ease delivery of the Sparkses' mail, but there is evidence showing the mailbox is bigger and stronger than it needs to be, and may have created an unreasonable risk of harm to motorists, wrote Judge Patricia Riley. The appellate court also cited Goldsberry v. Grubbs, 672 N.E.2d 475 (Ind. Ct. App. 1996), which found it is foreseeable that motorists may leave the traveled portion of the road and strike utility poles along that route. As such, summary judgment wouldn't be appropriate to grant on the issue of duty, wrote the judge in the instant case.

There are also genuine issues of material fact regarding proximate cause, such as whether the Sparkses foresaw or should have foreseen Barbara would have left the road and hit their mailbox or that she would have been injured for hitting the mailbox.

These are questions for a jury to answer, wrote Judge Riley, and if a jury finds Barbara was more than 50 percent at fault for the injuries, the Whites won't be able to recover any damages under Indiana's comparative fault regime.

The Court of Appeals, finding this is not one of the rare negligence cases in which to grant summary judgment, remanded to the trial court for further proceedings.

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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