Foley, J.
In December 2022, James Bruski (“James”) and Dawn Bruski (“Dawn”)—a married couple (collectively, “the Plaintiffs”)—filed this negligence action against D’Andre Terry (“Terry”) and NFI Interactive Logistics LLC (“NFI”) (collectively, “the Defendants”)1 alleging that Terry struck a disabled vehicle on the interstate with his commercial semi-truck and tractor trailer (“CMV”) and negligently failed to warn James, who collided with the same disabled vehicle about ten minutes after Terry’s collision. The Defendants filed a Trial Rule 12(B)(6) motion to dismiss for failure to state a claim, the trial court denied the motion, and the Defendants perfected this interlocutory appeal. On appeal, the Defendants maintain that the trial court should have dismissed the complaint. [Footnote omitted.]
We conclude that the complaint states a viable theory of liability to the extent that Terry’s collision with the disabled vehicle—even if Terry was not negligent in that collision—can be said to have increased the hazard on the road (e.g., the collision created an unavoidable debris field or moved the disabled vehicle such that it straddled an additional lane of traffic). We further conclude that the complaint states a viable claim of negligence per se based on the violation of a federal regulation applicable to those who operate commercial vehicles. We therefore affirm the trial court’s decision denying the Defendant’s Trial Rule 12(B)(6) motion and we remand for further proceedings on the complaint.
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II. Background on the Failure to Warn
Here, the Plaintiffs alleged the Defendants were liable because Terry negligently failed to warn James of the disabled Mercury. “A traditional negligence claim consists of (1) a duty, (2) a breach of that duty, (3) an injury proximately caused by the breach, and (4) damages.” WEOC, Inc. v. Niebauer, 226 N.E.3d 771, 778 (Ind. 2024). This appeal focuses on whether Terry had a duty to warn James.
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Whenever the common law imposes a duty to warn, it is up to the fact-finder to decide whether the actor gave an adequate warning under the circumstances. See Sandberg, 76 N.E.3d at 184. In other words, the fact-finder must determine whether the actor’s acts or omissions constituted a breach of the duty, and whether any such breach was the proximate cause of the plaintiff’s injury….
Here, the Defendants claim the trial court should have granted their Trial Rule 12(B)(6) motion to dismiss the complaint because the Plaintiffs failed to state a viable theory of liability premised on failing to warn James. 4 On appeal, the parties generally focus on two distinct theories of liability. The first is premised on a common law duty to warn, i.e., that Terry contributed to the roadway hazard and therefore had a common law duty to give an adequate warning to fellow motorists as a part of exercising reasonable care to prevent injury to fellow motorists. The second is premised on negligence per se, i.e., that a statutory standard of care applied as a matter of law, and Terry breached that standard because he did not turn on his emergency flashers and place warning devices beside his stopped CMV. We address these distinct theories in turn.
A. Common Law Duty: Increasing the Hazard
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Here, the Plaintiffs alleged Terry struck the disabled Mercury before bringing his CMV to “a controlled stop on the right shoulder of [I-94].” Appellants’ App. Vol. 2 p. 69. The Defendants maintain that Terry had no duty to warn because “[t]he risk—[the] disabled Mercury—was already created when Terry encountered it[.]” Id. at 17. They argue that “[s]imply encountering and contacting a negligently placed object does not mean control has been exerted and certainly does not mean a person who subsequently contacts that negligently placed object now owes a duty with respect to that object through mere contact.” Appellants’ Reply Br. p. 15…. According to the Plaintiffs, this Section contemplates a theory of liability premised on contribution to a hazard. Indeed, the Plaintiffs argue that the Defendants “misinterpret this section as imposing liability only on the actor who created the risky condition,” but “[t]he duty ‘applies whenever the actor realizes or should realize that his act has created a condition [that] involves an unreasonable risk of harm to another, or is leading to consequences [that] involves such a risk.’” Appellees’ Br. pp. 24–25 (emphasis removed) (quoting Restatement (Second) of Torts § 321 cmt. a. (Am. Law Inst. 1965)). They ultimately argue that, “even if Terry’s act of hitting [the] disabled [Mercury] was not tortious[,] . . . the consequence of his act was that [the] disabled [Mercury] was moved further into the roadway and into the travel lane where [James] was driving,” and “[t]his . . . created an unreasonable risk of harm for other motorists, including [James], who may hit the disabled [Mercury].” Id.
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To the extent the Defendants in this case focus on the driver of the Mercury— arguing that “[p]art of his duty included preventing further harm from his original wrongdoing”—in light of the persuasive analysis in Glenn, we are unpersuaded there is no cognizable claim against Terry because “Terry did not create the original obstacle in the roadway” and “had no duty or right to control . . . [the] disabled [Mercury].” Appellants’ Br. p. 28.6 In short, based on the allegations in the complaint, we cannot conclude that the negligence of a third party obviated Terry’s duty to exercise reasonable care toward James. [Footnote omitted.]
In this case, the Plaintiffs did not specifically allege that Terry’s collision with the disabled Mercury moved the Mercury in a way that increased the hazard…
All in all, in light of Indiana’s notice pleading standard and having considered the duty owed to a fellow motorist, we conclude that the facts alleged in the complaint adequately encompass a viable theory of liability premised on Terry contributing to the hazard, regardless of whether Terry was negligent in striking the Mercury. We therefore affirm the denial of the motion to dismiss under Trial Rule 12(B)(6) as to any claim premised on contribution to the hazard.
B. Negligence Per Se: Statutory Violation
The Plaintiffs claim the Defendants could be liable based on a theory of negligence per se because, contrary to statute, Terry did not turn on his emergency flashers and place warning devices behind his CMV. As for this theory of liability, even if the common law does not impose a duty—such as a duty to exercise reasonable care—a plaintiff might be able to recover because of the defendant’s “unexcused or unjustified violation of a duty prescribed by statute[.]”…
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In the instant complaint, the Plaintiffs focused on Indiana Code section 8-2.1- 24-18, which incorporates certain Federal Motor Carrier Safety Regulations (“FMCSRs”), including those promulgated in 49 C.F.R. section 392.22. “[T]he violation of federal statutes and regulations is commonly given negligence per se effect in state tort proceedings.”…
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In challenging the denial of their Trial Rule 12(B)(6) motion to dismiss, the Defendants briefly argue that the FMCSRs impose a duty to warn only if the CMV has been stopped for ten minutes and, in the complaint, the Plaintiffs did not definitively allege that Terry had been pulled over for at least ten minutes. See Appellant’s App. Vol. 2 pp. 68–69 (setting forth the pertinent timeframes and alleging that “from approximately 2:50 a.m. through approximately 3:00 a.m., . . . Terry did not activate the hazard warning signal flashers on, nor place any warning [devices] . . . to alert approaching motorists of the hazards in the travel lane and shoulder of [I-94]”). However, drawing all reasonable inferences in favor of the Plaintiffs, we conclude that the complaint fairly encompasses an allegation that the CMV was stopped for at least ten minutes.
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All in all, in light of the broad safety goal animating the FMCSRs and the natural effect of the regulatory language, we cannot say the exclusive aim behind requiring warnings was to prevent collisions with the CMV or driver. This strikes as too narrow of a reading of the regulation. We instead conclude that James was within the class of persons protected by the FMCSRs and that these regulations were designed to prevent the type of collision at issue here.
For the foregoing reasons, we conclude that the Plaintiffs stated a viable claim of negligence per se premised on the violation of the FMCSRs. [Footnote omitted.] We therefore affirm the denial of the motion to dismiss as to any claim of negligence per se.
Conclusion
The complaint encompasses viable claims premised on (1) the failure to warn after potentially contributing to a hazard on the road, and (2) the failure to comply with the FMCSRs. We therefore affirm the denial of the Defendants’ Trial Rule 12(B)(6) motion to dismiss and remand for further proceedings.
Affirmed and remanded.
Riley, J., and Brown, J., concur.