While visiting Indianapolis, Areche rode an electric foot scooter for the first time.  He was riding the scooter on the sidewalk when he encountered a large hole on the sidewalk filled with gravel.  He was thrown from the scooter and was injured.  Areche then filed a complaint against the City of Indianapolis and the Indianapolis Department of Public Works (collectively, “the City”), among others, alleging negligence.  The City filed a motion to dismiss, which was treated as a motion for summary judgment by the trial court.  The City argued that Areche’s claims were barred by Areche’s negligence per se because it is unlawful to operate an electric foot scooter on a sidewalk.  The City, thus, argued that Areche’s claims were barred by his own contributory negligence.  The trial court agreed and granted summary judgment to the City.  On appeal, Areche argues that negligence per se is inapplicable here and that the trial court erred by granting summary judgment.

The scheduled panelists are Judge Tavitas, Judge DeBoer, and Judge Scheele.