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Mansfield v. Colwell Constr. Co.

Since plaintiffs' son chose to get into a van with an unlicensed driver who was under the influence, plaintiffs could not recover for son's fatal injuries sustained when the van plunged off an elevated plateau located on defendant's private property.

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James Mansfield and Vicki Golden collectively “Mansfield” as the natural parents of their deceased son, Shane Mansfield, brought a personal injury action against Colwell Construction Company “Colwell”, the operator of a rock quarry, the site of Shane’s tragic death. Chris Wilson, the driver of the minivan in which Shane Mansfield had been a passenger, was also sued. The gist of the complaint was that the joint negligence of both defendants combined to proximately cause Shane’s death.

After cross-claiming against Wilson, Colwell moved for summary judgment on several grounds. Colwell argued that the decedent’s injuries were caused by unforeseen intervening acts of others, that Shane Mansfield failed to exercise ordinary care for his own safety, and that he failed to use such ordinary care as would have avoided the consequences of any alleged negligence of Colwell. Colwell also claimed it had denied the public a right of access to its property and denied the existence of a public road up to its spoil area where the incident purportedly took place. Finding no genuine issues of material facts remaining for jury resolution, the trial court granted summary judgment to Colwell. Mansfield appeals that determination. Because we find that Colwell was entitled to summary judgment, we affirm.

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