Swanberg

On February 24, 1977, plaintiff Ron Swanberg was seriously injured when the motorcycle he was driving collided in an intersection with an automobile operated by defendant, Debbie Popovich. Plaintiff Swanberg, along with his wife, Paula, filed suit for their personal injuries and property damage on December 2, 1977. Named as defendants were Popovich as well as Thomas and Priscilla O’Mectin. In their complaint, the Swanbergs alleged that their injuries were proximately caused by defendant Popovich’s negligent operation or maintenance of her vehicle. In addition, the complaint alleged that the injury was due to the negligent maintenance of certain shrubs growing from the O’Mectins’ land, which obscured defendant Popovich’s view of vehicular traffic approaching the intersection.

The case went to trial by jury on November 16, 1982, at which time the court dismissed defendant Popovich from the complaint. In substance, plaintiffs proceeded against the remaining defendants on the theory that pursuant to statutory and common law, defendants, as landowners, were affirmatively obligated to maintain their premises in a reasonably safe condition so as not to endanger users of the…