Humphery v. Duke Energy Indiana, Inc.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Kristy Humphery, as personal representative of the estate of Charles Mandrell, Jr., appeals from the trial court's summary judgment for Duke Energy Indiana, Inc. ("Duke Energy"). Humphery alleged in her complaint that Duke Energy acted negligently when it placed a utility pole near an intersection in Johnson County, which became a proximate cause of Mandrell's death. On appeal, the parties dispute only whether Duke Emergy could have reasonably foreseen Mandrell's collision with its utility pole.

Reversed and remanded.

FACTS AND PROCEDURAL HISTORY

At about…