You Can't Drive Your Bike Drunk, Hit a Pothole and Bring a Successful Personal Injury Lawsuit Because the World Is Not That Crazy
The Indiana high court ruled on Monday, agreeing that plaintiff's claim in bike accident case should be dismissed against a local municipality because there is no liability if you get drunk and hit a pothole. I gotta tell you, I'm a personal injury lawyer but I have to agree with that one.
Plaintiff drove rode his bicycle to an Indianapolis bar and hung out long enough to get legally drunk. He drove home on the left side of the street, a violation of Indiana law, a hit a pothole on a downhill slope traveling at least 20 miles an hour. He suffered some injuries and was taken to the hospital, where his BAC was measured at .13.
No, I have no idea why I'm writing about this case. It is probably because I have a pro defense position which allows me to underscore my impartiality. But this was a crazy case.
I'm amazed this guy could find a lawyer to bring his case. I'm also amazed someone would appeal this case. But they did find someone.
You can find the opinion in Komyatti vs. The Consolidated City of Indianapolis-Marion County and Citizens Energy Group here.
The medical malpractice case began in court in early April and was expected to last about three to six months. But, an attorney for the twenty one Plaintiffs involved in the suit said that a successful resolution has been reached. The
Approximately five years ago, after a series of mini-strokes, 53 year old Plaintiff began having health issues. Plaintiff was scheduled for a "left-sided craniotomy bypass" - instead, she received a "right-sided craniotomy surgical procedure." The second, and correct surgery, was performed six days later. The craniotomy bypass surgery was intended to prevent further strokes. 