Victor

Plaintiff Stephani Lynn Victor appeals from the judgment entered in favor of defendants Michael Allen Hedges and Thermtech, Inc. (collectively, Hedges), following the grant of defendants’ motion for summary judgment, and from the denial of her motion for new trial. Michael Hedges parked his auto on the sidewalk in front of his apartment building. Plaintiff and Hedges were standing on the sidewalk behind the car, when an inattentive motorist drove over the curb and into plaintiff, seriously injuring her. We are required to decide whether a statute prohibiting the parting of a vehicle on a sidewalk may be employed to fix upon Hedges the presumption of negligence in the circumstances of this case and whether reasonable people could conclude that he subjected plaintiff to an unreasonable risk of harm. We hold the statute in question was not designed to prevent the type of occurrence that resulted in plaintiff’s injury, and plaintiff has failed to raise a triable issue of fact that an ordinarily prudent person in Hedges’s place would have foreseen an unreasonable risk of harm to plaintiff. Accordingly, we affirm.

Factual and Procedural Background

Plaintiff brought an action…