Fargo v. Hays-Kuehn

On July 25, 2008, Jason Patterson died at the scene when the southbound motorcycle he was driving at highway speed impaled onto the front driver side windshield of Merrill's northbound vehicle after it crossed into Patterson's lane of traffic. Plaintiff Misty Fargo, a passenger on the motorcycle, was thrown from the motorcycle, receiving multiple injuries. Plaintiffs Fargo and Patterson's estate initially filed this action against Teresa Hays-Kuehn, Ginger Merrill and Angeline Sankey for negligence in the operation of their respective vehicles, but later filed a dismissal without prejudice against Merrill and Sankey. Kuehn was the only remaining defendant in this matter. Kuehn, whose vehicle did not collide with the motorcycle, moved for summary judgment asserting that even if her actions were negligent, at most they created a condition and were not the proximate cause of plaintiffs' damages thereby relieving her of liability. The trial court sustained the motion and plaintiffs appealed. The Court of Civil Appeals affirmed finding Kuehn's actions were not the proximate cause of Plaintiffs' injuries and damages. After review, the Supreme Court held that whether Kuehn's actions were the proximate cause of the accident or merely a "condition" was a question for the trier of fact, making summary judgment inappropriate. View "Fargo v. Hays-Kuehn" on Justia Law