Motorist brought personal injury action against city, alleging that negligence of city employees resulted in her vehicle’s collision with stopped waste collection truck.
Finding a fact issue as to whether truck’s hazard lights were flashing at time of collision, the Superior Court denied city’s motion for summary judgment. City applied for interlocutory appeal, which was granted. The Court of Appeals vacated and remanded. On remand, the Superior Court granted city’s renewed motion for summary judgment, and motorist appealed.
The Court of Appeals held that city was not negligent and, thus, was not responsible for motorist’s injuries.
City was not negligent and, thus, was not responsible for injuries that motorist sustained when her vehicle collided with stopped city waste collection truck; statute authorized municipal vehicles to stop on the road to collect waste, large, eight foot by eight foot collection truck was parked on a straight, flat section of the street, and trooper who investigated the accident stated that he could not explain why motorist did not see the truck beyond opining that motorist might have been following too closely or the sun could have been in her eyes.