A Virginia jury awarded in excess of $5 million in a wrongful death action involving a tractor trailer accident. The tractor trailer had defective parts but the driver was allowed to drive the vehicle anyway even though his employer was aware of the defective parts. The verdict was rendered against both the driver and owner. In addition, the jury found that the company failed to properly supervise the driver. In the accident a teenager was killed. These type of accidents frequently involve catastrophic injuries. There are Federal and State requirements for tractor trialer drivers and owners. There are many theories of liability as well. Tractor Trailer Accident.
February 2010 Archives
Single car accident. In Romero v. Brenes, No. 1504 September Term 2008 the Maryland Court of Special Appeals held that there was sufficient evidence produced at trial to present the issues to the jury for deliberation. The case involved a small car being operated at approximately 60 miles per hour (twenty miles over the speed limit), traveling in the curb lane striking the curb, losing control and going across the highway striking a pole and killing a passenger. In this case the trial court granted a motion to dismiss for the defendant. The appellate court held that either the speed, res ipsa loquitor or unexplained loss of control would have been sufficient for the case to be determined by a jury and the dismissal was improper. The case was reversed and remanded for trial.
These damages are extremely rare in Maryland. Courts & Judicial Proceedings 10-913 provides that in any action for punitive damages for personal injury, evidence of the defendant's financial means is not admissible until there has been a finding of liability and that punitive damages are supportable under the facts. For example, punitive damages are not awarded for an accident caused by a drunk driver. One needs to virtuaklly show intent to harm before punitive damages can be awarded in Maryland. See Komornick v. Sparks, 331 Md. 720, 629 A. 2d 721 (1993). Drunk Driver and Puinitive damages.