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Spears v. Blackwell

Court of Appeals of Indiana
666 N.E.2d 974 (1996)


Facts

Tim Spears (plaintiff) was driving on a public road adjacent to the Blackwells’ (defendants) property. Vegetation growing on the Blackwells’ property had grown to a point that made it difficult for passing cars to see clearly. Spears’s car ran into an oncoming car, causing Spears injuries. Neither Spears nor the other driver could see one another’s car because of the vegetation from the Blackwells’ property. Spears brought a negligence suit against the Blackwells. Spears presented evidence that the owners of the land prior to the Blackwells had planted shrubs and a garden in the area where the vegetation was growing. In addition, Spears presented evidence that the Blackwells had previously mowed the area. The Blackwells filed a motion for summary judgment arguing that they owed no duty to Spears. The trial court granted the motion. Spears appealed.

Rule of Law

Issue

Holding and Reasoning (Barteau, J.)

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