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Buchanan v. Vowell

Court of Appeals of Indiana
926 N.E.2d 515 (2010)


Facts

Candice and Shannon Vowell (defendants) were employed by Brad’s Gold Club (defendant). While at work or immediately after getting off work, Candice became intoxicated. Candice, together with her mother, Shannon, decided that although Candice was intoxicated, Candice would drive home with Shannon following close behind in her own car, calling Candice on her cell phone to give her directions as needed. The women drove home in tandem, and while conversing by cell phone, Candice struck Jerry Buchanan (plaintiff) as he walked at the edge of the road. Buchanan was thrown onto the hood of Candice’s car and into her windshield, which caused him to suffer fractured bones and brain damage. Buchanan sued the defendants for negligence. Shannon moved to dismiss for failure to state a claim upon which relief could be granted. The trial court granted her motion. Buchanan appealed.

Rule of Law

Issue

Holding and Reasoning (Barteau, J.)

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