Bicyclist who sued city after hitting pothole, suffering serious injuries, loses lawsuit

Man sued city, Citizens Energy Group

INDIANAPOLIS - A man who was intoxicated when he struck a pothole on his bike, suffering serious injuries, has lost his lawsuit against the city.

The Indiana Court of Appeals on Monday ruled against Paul Komyatti Jr., who filed suit against the city and Citizens Energy Group after the June 2010 incident.

After spending the afternoon at a bar, Komyatti was riding his bicycle home along Prospect Street when he moved to the left to avoid oncoming traffic and went through a puddle, hitting a pothole underneath, his lawsuit said.

Komyatti, who was not wearing helmet at the time, was knocked unconscious and suffered severe facial injuries.

He later sued the city, claiming it was negligent in failing to maintain the street, along with Citizens Energy Group, who he claimed allowed coke to escape from its nearby property, causing potholes.

The city and Citizens argued that Komyatti's conduct was negligent because he was intoxicated at the time, disregarded traffic statutes and did not wear a helmet.

The trial court sided with the city and Citizens, and the appeals court upheld the ruling.

"We conclude that Komyatti's conduct was negligent as a matter of law and was a proximate cause of his injuries," the ruling read.

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