ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT