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Hayes v. Greene County10/25/2005
she was therefore able to see it upon getting close. As a result, she was able to stop her vehicle in sufficient time to avoid a collision with the garbage truck.
. Mitchell testified that she had never seen it that foggy. She indicated that it was so foggy, that she was unable to tell that her headlamps were illuminated. Mitchell described the events leading up to the collision by saying, "I was driving along. I never saw her car or the garbage truck, or anything else, for that matter. I never hit the brakes." Mitchell testified that she never hit her brakes prior to hitting Hayes, and that had the weather been clear, she would have seen Hayes' vehicle in sufficient time to have avoided the collision.
. The testimony of Hayes and Mitchell was sufficient to establish the dense fog as the cause of the collision, and thereby afford to Greene County the protection of Mississippi Code Annotated § 11-46-9 (1)(q). This Court therefore finds no error in the grant of summary judgment.
. We note that even if we were inclined to hold that the dense fog was not the sole proximate cause of the collision, and that Greene County, as argued by Hayes, had violated Mississippi Code Annotated § 63-3-903 (Rev. 2004) , summary judgment would still have been proper.
. The failure to comply with a statute without a showing that such failure to comply caused the injury complained of will not withstand a motion for summary judgment. The facts of this case indicate that Hayes' injuries were attributed to Mitchell, rather than the conduct of Greene County. Accordingly, the grant of summary judgment by the trial court is affirmed.
. THE JUDGMENT OF THE GREENE COUNTY CIRCUIT COURT IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
BRIDGES AND LEE, P.JJ., IRVING, MYERS, CHANDLER, GRIFFIS, BARNES, AND ISHEE, JJ., CONCUR
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