Earlier last month, the Supreme Court of Oklahoma decided a case brought by the passenger of a motorcycle against another driver she claims was responsible for causing a head-on collision, resulting in her sustaining serious injuries. In the case, Fargo v. Hays-Kuehn, the issue the court had to decide was whether it was appropriate for the lower court to dismiss the case against the defendant prior to submitting the case to trial.
The Accident
Evidently, the accident involved several vehicles, all of which were heading in the same direction. Vehicle 1 was stopped on a two-lane highway, waiting to make a left turn. Vehicle 2, operated by Hays-Kuehn, quickly approached Vehicle 1 from the rear and swerved around the left of that vehicle. The testimony was that Hays-Kuehn was extremely close to Vehicle 1 as he passed it. Vehicle 3, which was traveling in the same direction directly behind Vehicle 2, was unable to see in front of Hays-Kuehn’s vehicle.
Once Hays-Kuehn passed Vehicle 1 and started to get back into the proper lane of travel, Vehicle 3 saw for the first time that there was a stopped vehicle immediately in front of them. Hoping to avoid a collision with Vehicle 1, Vehicle 3 swerved into the lane of oncoming traffic, right behind Hays-Kuehn. However, the driver of Vehicle 3 did not see that the plaintiffs were quickly approaching on a motorcycle.