The Indiana high court ruled on Monday, agreeing that plaintiff’s claim in a 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 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.