Scott

Plaintiffs contend that defendant maintained a dangerous condition on its property which contributed in part to a fatal auto accident on a highway adjacent to the property. Defendant moved for summary judgment on the alternate grounds that it owed no duty of care to plaintiffs or that its use of its property was not the proximate cause of plaintiffs’ injuries. The trial court granted defendant’s motion for summary judgment.

We find Chevron owed no duty to plaintiffs as a matter of law, and therefore, we affirm the judgment of the trial court.

Factual and Procedural Background

On March 1, 1985, John McGee was driving a company owned truck westbound on State Route 4 when he drifted off the road, struck a guardrail, and lost control of the vehicle. The truck veered back toward the center line of the highway and, as there is no barrier between the opposing two lanes of traffic, travelled into the eastbound lane where it collided with a car driven by Herbert Scott. Scott was killed and the passengers in his car, which included his parents and one of his sons, were seriously injured. McGee was later convicted of vehicular manslaughter and causing bodily injury while driving…