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Son’s suit against father not barred by Indiana Guest Statute

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A divided Indiana Supreme Court has found that a lawsuit filed by a son after his father hit him with his car while the son tried to help his father park isn’t barred by Indiana’s Guest Statute.

Robert Clark Jr. was a passenger in his father’s car when he exited the car and walked in front of a parking space to help his father navigate into it. Robert Clark Sr. accidently hit the accelerator instead of the brake when Clark Jr. signaled for his father to stop, pinning Clark Jr. between the car and another vehicle. The son suffered significant leg injuries, leading to a lawsuit filed by Clark Jr. and his wife for negligence.

The father asserted the Indiana Guest Statute as an affirmative defense, and both parties sought summary judgment on the issue. The trial court ruled in favor of the father. The Indiana Court of Appeals reversed, although the judges were divided in their decision.

The Indiana justices were also split, with a 3-2 majority holding that the statute does not bar the son’s lawsuit. The high court took the case to resolve the conflict of authority, citing C.M.L. ex rel. Brabant v. Republic Servs. Inc., 800 N.E.2d 200 (Ind. Ct. App. 2003), and KLLM Inc. v. Legg (826 N.E.2d 136 (Ind. Ct. App. 2005).

The statute spells out when an owner, operator, or person responsible for the operation of a motor vehicle is not liable for loss or damage arising from certain people’s injuries or death resulting from the operation of the vehicle. The statute applies when specific relatives or a hitchhiker is being transported without payment “in or upon the motor vehicle” unless the injuries or death are caused by wanton misconduct.

The father claimed in the statute “upon” means “as long as the guest has a sufficient relationship to the vehicle, the guest is upon the vehicle for purposes of the statute.”

Chief Justice Brent Dickson and Justices Robert Rucker and Steven David found the Guest Statute to be unambiguous. “Upon” should be given its literal meaning, which connotes a physical connection or contact with the vehicle, Dickson wrote.

“Thus, if the injury is sustained at a time when a passenger is in mere physical contact with the motor vehicle but standing outside of or off of it or at a time when the passenger is not being ‘transported’ by the vehicle, then the Indiana Guest Statute does not bar a passenger's damage action against the driver,” he wrote.

The majority ordered the trial court deny the father’s motion for summary judgment and grant it in favor of Clark Jr.

Justices Frank Sullivan and Mark Massa dissented because they would affirm the trial court’s judgment. They believed the analysis of KLLM and the dissent of Chief Judge Margret Robb in this case are correct.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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