Can private property owners be held liable in court if their bushes or hedges block a stop sign, causing an accident? That’s a question the Indiana Supreme Court is weighing.
Yerano Martinez got into an accident in a rural intersection. He said that’s because he couldn’t see a stop sign because it was obscured by a bush on Jeffrey Smith’s property.
State law does require property owners to trim hedges at intersections. But at issue before the Supreme Court is whether Martinez can sue Smith over it.
Both the trial court and Indiana Court of Appeals said no. Scott Faultless, Martinez’s attorney, said that throws the balance of law heavily in favor of private property owners.
“And it completely disregards the safety interests of motorists when a condition controlled by the private owner extends into the public right-of-way and obstructs the traffic control device,” Faultless said.
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But Smith’s attorney, Sheila Sullivan, said Indiana Supreme Court precedent clearly states that Martinez can’t sue Smith over the hedge. And she said for the court to upend that precedent would create a real burden for property owners.
“It’s going to open the door to so many homeowners in Indiana being liable when maybe they can’t do that,” Sullivan said.
There’s no timeline for the Supreme Court’s decision.
Brandon is our Statehouse bureau chief. Contact him at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5 .
