Maryland Car Accident Attorney Blog

Court Keeps Out Plaintiff’s Expert Testimony in Birth Injury Case against Car Manufacturer

March 2, 2016 | Lebowitz & Mzhen

Earlier this month, an appellate court in New York affirmed a lower court’s opinion keeping out a plaintiff’s expert’s testimony in a product liability lawsuit filed against BMW. In the case, Sean R. v. BMW, the plaintiff was a minor child who was born with severe disabilities allegedly caused by his in utero exposure to gasoline vapor in his mother’s BMW vehicle. Ultimately, the case was dismissed because the plaintiff’s expert witnesses were prevented from testifying because their opinions did not rely on “generally accepted methodologies.”

The Facts of the Case

The plaintiff’s family bought a BMW 525i back in 1989. The car was primarily used by the plaintiff’s mother to run local errands. Two years later, the plaintiff’s mother noticed a smell of gasoline that “came and went.” It was at this time she became pregnant with the plaintiff. She continued to use the car despite the smell.

After getting the car looked at twice by a mechanic, it was discovered that the smell was caused by a split fuel line that resulted in fuel being spilled into the engine compartment. The plaintiff’s mother drove the car about 6,500 miles before the car was repaired. Two years later, BMW initiated a recall for all 525i models, due to defective fuel lines.

Appellate Court Requires Parties Be Given Ample Time to Conduct Investigation

February 23, 2016 | Lebowitz & Mzhen

Earlier this month, an appellate court in Mississippi released a written opinion in a case involving a pedestrian accident that took place in a gas station parking lot. The appeal was filed by the plaintiff after the lower court refused to give the plaintiff additional time to complete an investigation into whether the defendant gas station owner was negligent in failing to erect barriers to prevent out-of-control cars from entering its lot. The court ultimately determined that under the state’s rules of civil procedure, the parties should have been given more time to investigate the issue, thus presenting the court with more information.

The Facts of the Case

The case of Stanley v. Scott Petroleum Corporation arose after the two plaintiffs were struck by a vehicle as they were at a walk-up window paying for gas at the defendant gas station. The evidence presented suggested that the car that struck the plaintiffs suffered from some kind of mechanical malfunction with the braking system, and it was unable to slow down at the intersection adjacent to the station. It was estimated that the car was traveling at approximately 45 miles per hour at the time of the collision.

As a result, the car careened through the gas station and into a set of vending shelves. Those shelves then collided with the plaintiffs, causing them to be injured as a result.

Accident Victim’s Signed Release Encompasses At-Fault Driver and Subsequent Allegedly Negligent Physician

February 16, 2016 | Lebowitz & Mzhen

Earlier this month, a state supreme court handed down a very important decision regarding the scope of an unambiguous liability waiver signed in the wake of a serious car accident. In the case, Gores v. Miller, the court determined that a waiver signed after an accident, absolving the at-fault driver and his insurance company of any liability, also extended to any malpractice lawsuit stemming from the treatment related to the injuries sustained in the accident.

The Facts of the Case

The plaintiff was a 15-year-old girl who was injured when the van she was riding in was involved in an accident. The girl, through her mother, negotiated and settled a claim with the at-fault driver’s insurance company for $25,000. The court was asked to accept the settlement waiver, and in so doing the plaintiff would forfeit her right to sue any “and all other persons, firms or corporations liable or who might be claimed to be liable,” for injuries both “known and unknown.”

The court accepted the settlement between the parties. However, two years after the settlement was made final, the girl and her mother filed a medical malpractice suit against the doctor who treated her in the wake of the accident.

Recovering Compensation After a Hit-and-Run Accident

February 9, 2016 | Lebowitz & Mzhen

Hit-and-run accidents can be devastating. On top of the physical injuries and property damage sustained in the accident, there is often no party to look to for responsibility. This can leave an injured accident victim in a very unfortunate financial situation. Thankfully, under Maryland law, a driver’s own insurance company can be looked to for financial compensation, even if the hit-and-run driver responsible for the accident is never located.

This is exactly what happened in the recent case of Doe v. Pak. The case was filed by an accident victim, Ms. Pak, against an unknown hit-and-run driver, John Doe. Since Doe could not be located, Pak looked to her insurance carrier, State Farm, for the financial compensation she needed to cover her medical expenses.

Before the case even made it to trial, State Farm agreed to pay Pak $30,628 for her injuries. However, not satisfied with the offer, Pak turned it down and instead asked a court to decide what was fair. While the case was proceeding through the trial process, State Farm gave Pak the $30,628 amount as a credit toward any future award. The agreement in place at the time was that the amount was not an agreement to settle for that amount, but was merely a credit toward any future amount that may be awarded by the court.

Determining Fault in Maryland Multi-Vehicle Accidents

February 2, 2016 | Lebowitz & Mzhen

Some accidents involve only one or two vehicles, and it is easy for authorities to determine who was at fault and to issue the necessary citations. However, other accidents involve multiple parties, and in these situations authorities may have a difficult time ascertaining what caused the initial accident and who was at fault in subsequent collisions between motorists that may not have been involved in the initial collision at all.

In multi-vehicle car or truck accidents, it may be that the fault for the accident was entirely attributable to one driver because they were drunk or distracted at the time. However, it is also possible that one driver’s negligent conduct started a chain-reaction accident that could have been prevented if other drivers had been diligent. A prime example of this is a multi-vehicle accident that involves a single collision and then several smaller collisions, due to approaching vehicles following too closely.

In these situations, establishing who is liable to whom can be a difficult task to sort out. The bottom line is, however, that an innocent driver should not have to worry about whether or not they will be able to recover compensation for their injuries just because it is difficult to determine who caused the accident leading to their injuries. It is for this reason that a thorough investigation is often necessary in multi-vehicle accidents.

Appellate Court Affirms Exclusion of Plaintiff’s Medical Expert Testimony Based on Lack of Certainty

January 26, 2016 | Lebowitz & Mzhen

Earlier this month, the Supreme Court of the State of Montana decided a case that illustrates how courts view expert testimony in personal injury cases. While the case arose under Montana law, the laws applied in the case are similar to those in Maryland, and Maryland accident victims should be on notice that a similar issue may arise in their case.

Cleveland v. Ward: The Facts of the Case

The facts giving rise to the appeal are quite simple. The plaintiff was stopped at an intersection when the defendant rear-ended her. The impact from the collision pushed the plaintiff’s vehicle into the intersection and totaled her car. The defendant admitted that she was negligent in rear-ending the plaintiff’s car, and the plaintiff filed a lawsuit seeking monetary compensation for her injuries, including amounts for “damages for emotional distress, past medical costs, and business loss/lost income.” One of the specific injuries the plaintiff was seeking compensation for was a torn rotator cuff.

As a part of the discovery process, the defendants were given the opportunity to interview the plaintiff’s treating physician, Dr. Steele, in what is called a deposition. A deposition is a formal, out-of-court, interview whereby both parties are present and can ask a witness questions pertaining to the case. In his deposition, Dr. Steele explained that he could not say that the accident “more likely than not” was what caused the rotator-cuff tear.

Plaintiff Sanctioned by Court for Bringing Claim for Punitive Damages Without Basis

January 19, 2016 | Lebowitz & Mzhen

Earlier this month, a state supreme court heard a case that was filed by one motorist against another, alleging that the defendant’s negligence caused not only the accident but also the injuries the plaintiff suffered. The case contained claims of both compensatory and punitive damages, alleging that the defendant’s “willful, wanton, and reckless” actions entitled the plaintiff to punitive damages. Ultimately, however, the court disagreed with the plaintiff and not only denied the request for punitive damages but also sanctioned the plaintiff for making the claims when there was no basis to do so.

Smizer v. Drey: The Facts of the Case

The plaintiff was traveling to church with several family members in the car, when the defendant crashed into them. In the specific intersection where the accident occurred, the defendant had a yield sign. Evidence showed that the speed limit was 65 miles per hour and that the defendant was traveling at 45 miles per hour and slowed to 35 miles per hour as she entered the intersection. However, as she entered the intersection, she did not see the plaintiff’s vehicle because a cornfield obscured her view.

By the time she did see the plaintiff’s vehicle, it was too late, and the vehicles collided. The defendant admitted to failing to yield at the intersection and was cited by police for the same.

Court Reversed Dismissal of Case Based on Trial Judge’s Improper Jury Instructions

January 12, 2016 | Lebowitz & Mzhen

Earlier last month, a state supreme court handed down a decision reversing a lower court’s ruling in favor of a defendant who struck a pedestrian as she was crossing the street. The court based its reversal on the improper jury instructions that were given by the trial judge.

Samson v. Nahulu: The Facts of the Case

In the case, Samson v. Nahulu, the plaintiff was the family of a young girl who was seriously injured when she was struck by an SUV driven by the defendant. The facts of the case were hotly contested at trial, with testimony from several eyewitnesses differing as to many of the important variables, such as whether the girl was in the crosswalk at the time of the accident, how far into the road she was when she was hit, and where exactly the nearby buses were parked in relation to the point of collision.

During trial, the judge made several important rulings regarding the evidence that the jury was allowed to consider. Specifically, the judge determined that the plaintiff would not be permitted to have a lay witness testify that the defendant was going “too fast,” and the court would not allow a photo of the intersection annotated by a witness that showed the young girl was in a crosswalk at the time of the accident.

Car Accident Victim’s Failure to Submit Evidence of Negligence Results in Dismissal of Case

January 5, 2016 | Lebowitz & Mzhen

Earlier last month, the Supreme Court of Rhode Island issued a decision affirming a lower court’s dismissal of a case against a defendant in a car accident case. In the case, Wray v. Green, the plaintiffs’ case was dismissed because they failed to submit any evidence indicating that the defendant was negligent in the operation of his vehicle.

The Facts of Wray v. Green

The crash giving rise to the case in Wray v. Green was a three-car accident. Wray was the driver of the first vehicle. According to the court’s written opinion, Wray came to a stop at an intersection, waiting to make a left turn into a parking lot.

Roy was the driver of the second vehicle, and the defendant in the case. The evidence at the pre-trial motion suggests that Roy came to a complete stop behind Wray. However, it is not known how far away from Wray Roy’s vehicle was when it came to a stop.

New Trial Granted to Plaintiff When Jury Returned $1 Pain-and-Suffering Award

December 23, 2015 | Lebowitz & Mzhen

Earlier this month, the Supreme Court of Iowa heard a case that required the court to determine whether the jury-determined award of $1 for the plaintiff’s pain and suffering was consistent with the jury’s determination that the man incurred nearly $17,000 in medical bills. Ultimately, the court held that the $1 award was in line with the jury’s determination that the plaintiff’s reimbursable medical expenses were $17,000.

Bryant v. Parr: The Facts of the Case

The facts giving rise to the case are fairly straightforward. The plaintiff was a salesperson at a car dealership who was injured while he was riding as a passenger in a vehicle that was being test-driven by the defendant. According to the court’s written opinion, the driver of the vehicle made an illegal left turn, causing an accident with another vehicle.

As a result of the accident, the plaintiff suffers continuing headaches and pain in his back, neck, and shoulder. The injured salesperson filed suit against both the potential customer who was driving the car he was riding in as well as the other driver involved in the accident.