DOVER, Del. (CN) – A woman who was turning around in a homeowner’s driveway cannot sue the homeowner for their car collision, the Delaware Supreme Court ruled.
Justice Steele affirmed the lower court ruling, which barred the plaintiff’s action against the landowner for simple negligence.
Megan Berns found a fallen tree in the middle of the road, so she used Debra Doan’s driveway to turn around. Doan was backing out at the time, and the cars collided, injuring Berns’ daughter, Kylee.
Since both parties agree that other vehicles used a vacant lot to turn around, Steele ruled it was not necessary for Berns to use Doan’s driveway.
Also, “the premises guest statute eliminates a landowner’s liability based on simple negligence,” Steele wrote.