What happens if you’re in a funeral procession an involved in an accident? In a recent Ashland, Kentucky, case, a plaintiff unsuccessfully argued that the funeral home was at fault for the accident. The case is Christian v. Steen Funeral Home.
The accident involved a man who was a passenger in a private car that was participating in a funeral procession. The car he was in collided with another vehicle at an intersection. According to the injured man, the crash occurred because the funeral home that organized the procession failed to clearly mark the vehicles involved in the procession with flags or other markers.
Following the collision, the injured man filed a negligence lawsuit in Lawrence County Circuit Court against both drivers and the funeral home. He also accused the funeral home of negligence per se.
In response, the funeral home filed a motion to dismiss the lawsuit. The funeral home argued that the man failed to state a cause of action, and that the funeral home did not owe him a duty of care under Kentucky Revised Statutes Section 189.378. Under Kentucky law, vehicles involved in a funeral procession do not have to be marked with any sort of special flag or other marking.
The man countered by claiming the funeral home owed him a duty of reasonable care, and the company breached that duty when it failed to require the driver of the vehicle in which he was riding to turn on his headlights or otherwise indicate the vehicle’s participation in the procession.