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Indiana Guest Statute Not Applicable to Person Outside of Vehicle

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This examines the Indiana Supreme Court decision in Clark v. Clark which held that a son's claims for injuries sustained when he was hit by a vehicle driven by his father were not barred by the Indiana Guest Statute which provides immunity to drivers of vehicles who cause injury to persons in or upon their vehicles. In the case the trial court held that the statute barred the son's claims. On appeal, the Indiana Court of Appeals held in a split 2-1 opinion that the statute did not bar the son's claims. Upon transfer, the Indiana Supreme Court in a rare split 3-2 decision affirmed the Court of Appeals majority opinion.


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Published In: Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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