Maryland Car Accident Attorney Blog

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.

Court Finds “Good Faith” of Trooper Resulted in Governmental Immunity

December 16, 2015 | Lebowitz & Mzhen

Earlier this month, the Supreme Court of Texas decided a case that involved a State Trooper who caused an accident while in pursuit of a fleeing offender. The court determined that since the Trooper was in the course of his duty, and likely acting in good faith at the time of the accident, official immunity attached, and the case filed by the injured accident victim was dismissed.

In the case, Texas Department of Public Safety v. Bonilla, the plaintiff was injured when a State Trooper ran a red light while he was pursuing a reckless driver. The Department filed a motion for summary judgment, asking the court to dismiss the lawsuit against it based on the Trooper’s official immunity, since he was acting within the scope of his employment, was responding to an emergency situation, and was acting in good faith when he caused the accident. The parties agreed that summary judgment is only appropriate if there are no issues of material fact when the evidence is viewed in favor of the non-moving party, and in this case the evidence was to be viewed in favor of the plaintiff.

The trial court hearing the case determined that the Trooper did not conclusively show that he was acting in good faith, since a reasonably prudent Trooper could have made a different decision regarding the chase of the offender. Since the Trooper’s actions were not the only course of action available, and there was no evidence suggesting he considered other means, the court determined that there was a triable issue, and summary judgment was not appropriate. The intermediate appellate court affirmed the decision.

Accident Victim’s Claim Against City that Concrete Barriers Were Improperly Installed Failed for Lack of Expert’s Testimony

December 9, 2015 | Lebowitz & Mzhen

Earlier this month, a Montana court dismissed a plaintiff’s claim based on the fact that the plaintiff failed to introduce evidence of the applicable standard of care to which the defendant’s conduct could be compared. In the case, Not Afraid v. Montana, the plaintiff was paralyzed after the vehicle he was riding in as a passenger collided with and then crashed through a concrete barrier, ultimately sliding down a steep hillside.

Several years after the accident, the man filed suit against the State, County, and City governments, alleging that negligence in the placement and maintenance of the concrete barriers contributed to his injuries. Most relevant was the plaintiff’s claim against the City, which was charged with maintaining that particular section of roadway.

The Plaintiff’s Case

The plaintiff claimed that the City was negligent in the placement, installation, and maintenance of the concrete barriers. To support his claim, the plaintiff submitted a four-page report prepared by an accident-reconstruction expert. That report concluded that the vehicle the plaintiff was traveling in was likely going about 45 miles per hour when it collided with the barrier, and “the barriers were relatively ineffective in containing higher speed vehicles traveling around the curve.”

The Hidden Dangers of Keyless Ignitions

December 2, 2015 | Lebowitz & Mzhen

Over the past few years, cars with keyless ignitions have become more and more popular, not just on high-end models but across the board. However, according to some news reports, there are some serious safety concerns about keyless ignition systems that anyone considering a car equipped with one should be aware of.

A keyless ignition system allows for a car to be started without actually putting a key into the ignition and turning it. Instead, a wireless key fob allows for the car to be started anytime the fob is inside the car. Usually, drivers carry the fob in their pocket and start the car with a push of a button. However, there is no “shut-off” mechanism in place in most of these systems, and once the driver gets out of the car the car can continue to run. This has led to a number of deaths from carbon monoxide poisoning.

In fact, two years ago, a Pennsylvania couple was found dead in their home. Their Lincoln was still running in the attached garage with the key fob used to start the car still in the vehicle. Instances like this one have led some lawmakers to seriously consider the regulation of keyless ignition systems. While this may seem like an unusual situation, there have been at least 13 confirmed carbon monoxide poisoning deaths caused by cars with keyless ignitions.

Porsche Denies Liability in Actor Paul Walker’s Death

November 24, 2015 | Lebowitz & Mzhen

Two years ago, actor Paul Walker was killed in a car accident when the Porsche he was riding in as a passenger crashed on a California road. According to one national news source following the lawsuit filed by Walker’s daughter, Porsche recently filed a request with the court to dismiss the case against the company, arguing that Walker’s death was his own fault for getting into the car on the day of the accident.

Evidently, the filing claimed that Walker’s death was the result of his own “comparative fault,” since he knew and assumed the risks involved with getting into the car. The filing claimed that Walker “knowingly and voluntarily assumed all risk, perils, and danger” involved with riding as a passenger in the vehicle, and the vehicle he was riding in was “abused and altered” and improperly maintained. Porsche claims that Walker was aware of these facts when he got into the passenger seat that day, and by doing so he knew the risks involved.

A representative for Walker’s daughter told reporters that Walker was a “passenger in a car that was not designed to protect its occupants, in a crash on a dry, empty straightaway in broad daylight and at speeds well below the vehicle’s advertised capabilities.” He also claimed that, had the car been manufactured with the proper safety features, Walker would likely still be alive today.

New Technology May Reduce Pedestrian Accidents

November 17, 2015 | Lebowitz & Mzhen

Earlier this week in Germantown, a pedestrian was killed as he crossed Route 355 at around six o’clock in the afternoon. According to a local news source, a northbound driver struck the pedestrian, who was taken to Suburban Hospital, where he was pronounced dead.

With more and more people out on the road than ever before, auto manufacturers and lawmakers are constantly looking for technology that can reduce the increasing amount of fatal accidents across the country. According to one recent news article, new technology being developed by a German company may help drivers avoid pedestrian accidents.

Evidently, the Germany-based company, Bosch, is currently working on technology that can act to take over the control of a vehicle that would likely end up hitting a pedestrian. According to researchers, the technology can sense when a pedestrian is nearby and can track their likely trajectory. If the on-board computer believes that the driver is unaware of the pedestrian and that a collision is imminent, brakes can be applied, and the car can even steer itself away from the pedestrian.

One-Year-Old Killed by Fleeing Driver in Baltimore Pedestrian Accident

November 10, 2015 | Lebowitz & Mzhen

Earlier this month, a one-year-old boy was killed when he was struck by an car that had been hit by a driver who was fleeing police. According to one local news source, the accident occurred on the 5300 block of Monrovia Road.

Evidently, the driver first struck an unoccupied police cruiser that was near the scene of another fatal accident. Instead of stopping, the driver fled the scene with police in tow. Police were chasing the vehicle, which was heading into downtown Baltimore, when it crashed into a Volvo. The Volvo was pushed up onto the curb, where it collided with the one-year-old boy, who was in a stroller being pushed by his mother.

The driver was seriously injured and was taken to the hospital that evening. He was discharged the next day before charges had been filed against him. He left the hospital, and it wasn’t until two days later that charges were filed. At the time of the article’s publication, police were still looking for the man.