Attorneys received an affirmed dismissal of all claims against the insured
Attorneys received an affirmed dismissal of all claims against the insured. Plaintiff had attended a yard sale held by the insured and the insured’s mother at the home of the grandmother for the insured. Plaintiff parked his car on a highway across the street from where the yard sale was being held. While returning to his car, plaintiff was struck by a motorcycle. Plaintiff settled with the driver of the motorcycle and then sued the insured, the insured’s mother and grandmother alleging negligence in failing to post signs advising shoppers that they could park in the driveway for the home rather than on the shoulder of the highway. Plaintiff also alleged signs should have been placed warning motorists of the yard sale. The trial court had denied plaintiff’s motion to extend discovery and barred a late liability expert report. The trial court had also granted summary judgment to the defendants. The appellate court affirmed the dismissal of plaintiff’s complaint, holding that even if there was a duty to post signs, plaintiff could not prove proximate cause even with an expert report.