On December 10, 2010, the Plaintiff in Marquez v. Kobler, (Indiana Court of Appeals 2013) was on bicycle, crossing an intersection in Indianapolis, when he was hit by an oncoming car that was turning left. An ambulance responded to the accident and the man was hospitalized with injuries. The bicyclist filed an Indiana negligence lawsuit against the driver who hit him. The suit argues that the plaintiff had the right of way at the intersection, and the defendant was negligent when she failed to yield, and should pay damages to the plaintiff as a result. The defendant argued that she was not entirely liable because the bicyclist was himself negligent by entering the intersection in the pathway of her vehicle, regardless of his right of way.The Accident
Mr. Kobler was riding his bicycle to work on the day of the accident when he stopped at the intersection of Sheila Drive and Pendleton Pike (U.S. Highway 36), and the traffic light was red. He intended to cross Pendleton Pike and travel north on Sheila Drive. The defendant, Ms. Marquez, was facing south on Sheila Drive, and intended to make a left turn and travel east on Pendleton Pike. There was a car in front of the defendant’s car in the left turn lane. When the light turned green, the plaintiff immediately started to propel his bicycle into the intersection and cross the street. The car in front of the defendant quickly made a left turn onto Pendleton Pike, crossing in front of the plaintiff as he entered the intersection. The defendant followed the car in front of her, noticing the plaintiff in her path immediately before she collided with him.
The Defendant’s Argument at Trial
The defendant argued that the plaintiff was at least partially responsible for the accident because the car in front of her crossed in the plaintiff’s path, and if he was paying attention he would have known to look for another car that could be turning left before he continued to cross the street. The defendant wanted the jury to hear this evidence, and have the option to find that the plaintiff was comparatively at fault, which could reduce or eliminate the defendant’s liability. Because the plaintiff undisputedly had the right of way under these circumstances, his attorney argued that the defendant was entirely at fault as a matter of law. Considering this, the plaintiff’s attorney moved the court to prevent the jury from finding him partially at fault, and instead to restrict their decision to the amount of damages. The trial court agreed with the plaintiff, ruling that there was no issue for the jury to decide with regard to liability, and that the defendant was 100% at fault for the accident. The defendant then appealed the decision to the Indiana Court of Appeals.
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