 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Carter v. Indianapolis Power & Light Co.11/10/2005
rily negligent in choosing to ride with an intoxicated driver. Peavler, 557 N.E.2d 1081-82.
The County notes that Jacobs had jumped the hills on Edgewood Avenue at least twenty times before and thus "willingly engaged in an unlawful and reckless activity, one that required careening over hills at illegal speeds." County's Br. at 10. The County argues that " he dangers of this activity are obvious." Id. at 11. Carter emphasizes that Jacobs was not the driver of the car and that he "had never gone over the hills at the speed Sarah Mitchell was going at the time of the accident." Appellant's Br. at 38.
Be that as it may, only a single inference can be drawn from the undisputed evidence that Jacobs suggested that Mitchell jump the hills in her Honda. This activity required a sufficiently high speed for the car to become airborne, the dangers of which are indeed obvious to a reasonable person. We therefore conclude as a matter of law that Jacobs failed to exercise reasonable care for his safety and that his contributory negligence proximately contributed to his injuries, thereby barring Carter's claims against the County.
Finally, we note that incurred risk may be found as a matter of law if the evidence is without conflict and the sole inference to be drawn is that the [injured party] knew and appreciated the risk, but nevertheless accepted it voluntarily. To incur risk, the injured party must have been more than generally aware of the potential for injury , but must have had actual knowledge of the specific risk. The [injured party] need not have foresight that the particular injury which in fact occurred was going to occur.
Meyers v. Furrow Bldg. Materials, 659 N.E.2d 1147, 1149-50 (Ind. Ct. App. 1996) (citations and footnote omitted), trans. denied. Jacobs had jumped the hills on Edgewood Avenue at least twenty times. In her deposition, Carter stated that she had told Jacobs not to speed and that "you can die in a car[.]" Appellant's App. at 280. From this evidence, we conclude as a matter of law that Jacobs knew and appreciated the risk of jumping the hills but nevertheless accepted it voluntarily. Jacobs's assumption of the risk also bars Carter's claims against the County. We therefore affirm the trial court's grant of summary judgment in favor of the County.
Affirmed.
NAJAM, J., and BARNES, J., concur.
Page 1 2 3 4 5 6 7 8 9 10 Indiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|