Defense attorneys in a personal injury case that involved a seeder-planter and a car that caused one individual to lose an eye announced their plans to appeal the judgment to Maryland’s Court of Special Appeals. The judgment, at just over $1 million, is reportedly the largest known judgment for a case of this kind reached in the Lower Shore area.
The decision regarding liability was handed down in October, ordering the defendants to pay the plaintiffs $1,026,786 in damages. The defense attorneys stated that the decision to appeal followed a hearing in early November, denying the defense attorneys’ motions to dismiss and for a new trial.
While the ruling itself is not yet readily available, the reports on the case reveal the details regarding the outcome of the case, and the planned basis for the appeal.
The collision occurred in July of 2009, at sunset on Norris Twilley Road near Snethen Church Road. The seeder-planter (which was hitched to a tractor trailer) was wider than the northbound lane in which it was traveling. The plaintiff, traveling in the opposite direction, collided with the vehicle, which allegedly extended approximately three feet into the roadway.
As a result, the seeder-planter overtook the plaintiffs’ vehicle, shattering the windshield, causing some of the glass to lodge into one of the plaintiff’s eyes. As a result, the plaintiff lost his right eye, and suffered lower body injuries, according to his attorney. The plaintiff’s wife suffered injuries as well.
The basis of the plaintiffs’ lawsuit, then, was presumably that the seeder-planter did not take the proper precautions regarding wide loads. For example, the plaintiffs’ lawyer in the case said that there was no wide load sign, nor lead vehicle, to warn other drivers on the road
At trial, defense attorneys reportedly argued that there was no evidence that the defendants were negligent. They further state that the driver took all proper precautions, and was compliant with relevant traffic laws. However, whatever their arguments may have been, the jury found for the plaintiffs.
The concept of negligence likely to be argued in this case is what duty exactly the driver of the farm equipment owed to other motorists. Based on statements from defense counsel, their position is that by being in compliance with the relevant traffic laws at the time, which apparently did not require any special signage, there is no basis for claiming that the farmers owed any heightened levels of precaution. The standard of review in these types of cases is typically abuse of discretion, and the circumstances surrounding this case do not suggest that such abuse occurred, so it will be interesting to see how the court rules on appeal.
If you or a loved one has been injured or killed in a car accident in Maryland, contact the experienced car accident attorneys at Lebowitz & Mzhen, LLC immediately. Our law firm offers many years of collective experience in advocating aggressively on behalf of individuals and families who have suffered due to personal injury or wrongful death as a result of a car accident. If you believe that your car accident was caused by someone else’s negligence, please contact us today by calling 1-800-654-1949, or through our website, in order to schedule your free initial consultation.
More Blog Posts:
Maryland Appeals Court Affirms Exclusion of Testimony Regarding Defendant’s Conduct Following Car Accident, Maryland Car Accident Attorney Blog, published December 4, 2013
Texters Could Potentially Face Liability for Sending Messages to Drivers Later Involved in Car Accidents, State Court Rules, Maryland Car Accident Attorney Blog, published November 26, 2013