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U-Haul Co. v. Mike Madrid Co.6/30/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
U-Haul International, Inc., U-Haul Co. of North Carolina, U-Haul Co. of the West Coast of Florida, and U-Haul Co. of Michigan (collectively "U-Haul"), R.W. Armstrong, Inc. ("R.W. Armstrong"), The Mike Madrid Company ("Madrid"), Valley Asphalt Corp. ("Valley Asphalt"), and the State of Indiana were defendants in a wrongful death action arising out of an automobile accident in which Francis J. Radwan, Jr. was killed. The trial court entered summary judgment in favor of R.W. Armstrong and Madrid and against Radwan's estate. U-Haul appeals, presenting the following issue for our review:
Whether R.W. Armstrong and Madrid are entitled to summary judgment based upon the acceptance rule.
We affirm.
FACTS AND PROCEDURAL HISTORY
On the afternoon of June 8, 1995, Francis Radwan, Jr. was driving through a two-lane construction zone on Interstate 74. Directly behind Radwan's car was a U-Haul truck and trailer. When traffic came to an abrupt halt, the driver of the U-Haul truck and trailer lost control and crashed into the back of Radwan's car at an angle. The car was propelled over a temporary bituminous divider and into the path of an oncoming vehicle. Radwan was killed.
Radwan's estate brought a wrongful death suit against several entities, including U-Haul, R.W. Armstrong, Madrid, the general contractor Valley Asphalt, and the State of Indiana. The complaint alleged that R.W. Armstrong, the engineering firm subcontracted by the State's Department of Transportation ("INDOT") to design the Interstate 74 construction project, failed "to design and create a construction zone which was reasonably safe for all motorists[.]" Record at 181. The complaint further alleged that Madrid, the project's signage subcontractor, failed "to provide, direct and ensure the erection of proper signage for the safety of traffic flow through the construction zone." Id. at 177. R.W. Armstrong and Madrid moved for summary judgment, each arguing that the State's acceptance of its work prior to the accident in which Radwan was killed precluded its liability as a matter of law.
The trial court heard oral argument on R.W. Armstrong and Madrid's motions. It granted summary judgment in favor of R.W. Armstrong, finding:
1. In relation to . . . [the Interstate 74 construction project], R.W. Armstrong prepared its plans and specifications pursuant to, and in conformance with, INDOT's standard plan drawings and specifications;
2. That prior to the subject incident, INDOT engineers reviewed and accepted the plans and specifications completed by R.W. Armstrong;
3. That there is no evidence that R.W. Armstrong's plans and specifications, or any elements contained therein, were inherently dangerous, and;
4. That there is no evidence . . . that R.W. Armstrong had construction phase responsibilities. Id. at 1196.
The trial court also granted summary judgment in favor of Madrid, finding that:
1. [Madrid's] work on the [Interstate 74 construction] project consisted of furnishing, placing and maintaining signs, barricades, temporary pavement markings, markings on the temporary bituminous divider, and other traffic control devices. All of Madrid's work was conducted pursuant to plans, specifications and directions of the tate of Indiana.
2. The determination of what signs were appropriate, and the locations in which various signs would be placed (including the presence, absence or location of speed limit signs) were outside the scope of the work performed by Madrid on the project, a
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