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Diner Couldn't Prevent Accident, Court Says

Last updated on Tuesday, April 3, 2007

(INDIANAPOLIS) - The Indiana Court of Appeals says a Lake County burger joint couldn’t have been expected to anticipate a pickup truck would smash into the restaurant.

The court has unanimously thrown out a lawsuit against Schoop's Restaurant by a woman and her two granddaughters. Marcia Hardy and her grandchildren were injured in a 2004 accident in Saint John which killed one restaurant patron and injured nine people, including the Hardys

The Hardys contended Schoop's had a responsibility to put up barricades to protect diners. The appeals court notes the 70-year-old pickup driver crossed two lanes of oncoming traffic, plowed across a ditch, jumped two curbs, then crossed two parking lots and a lawn to slam into the restaurant.

The court says Schoop's couldn't be expected to see that coming.

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