Car Accidents

Appellate Court Discusses Foreseeability in Recent Car Accident Case

January 9, 2017 | Lebowitz & Mzhen

Earlier this month, an appellate court in New York issued a written opinion in a personal injury case that required the court to discuss the foreseeability element of the plaintiff’s claim and determine if the plaintiff’s injuries were a foreseeable result of the defendant’s alleged negligence. Ultimately, in the case, Hain v. Jamison, the court determined that the plaintiff’s injuries were a foreseeable consequence of the defendant’s negligence and allowed the plaintiff’s case to continue toward trial or settlement negotiations.

The Facts of the Case

The plaintiff in the case is the surviving husband of a woman who was struck and killed by a passing car while she was attempting to rescue an escaped calf belonging to the defendant. After his wife’s death, the plaintiff filed a lawsuit against both the driver of the car that struck his wife as well as the farm that owned the calf. Specific to the farm owner, the plaintiff claimed that the defendant’s negligence in allowing the calf to escape and failing to return it to the farm was a proximate cause of his wife’s death.

In a pre-trial motion for summary judgment, the farm owner sought dismissal of the case against him on the basis that any alleged negligence in allowing the calf to escape was too remote a cause of death to establish liability. The trial court disagreed, denying the motion.

Plaintiff Unsuccessful in Car Accident Case Due to Failure to Establish Causation

January 2, 2017 | Lebowitz & Mzhen

Earlier this month, a state appellate court issued a written opinion in a car accident case that was brought by a woman who claimed that she was injured after the defendant ran her off the road. In the case, Long v. Arnold, the court affirmed the court’s decision below, ultimately upholding the jury’s verdict in favor of the defendant.

The Facts of the Case

Long was driving her car when Arnold turned onto the road, cutting Long off. Long was traveling at approximately 10 miles per hour at the time, and she was forced to steer the car off the road and into a small ditch. Long’s vehicle slowed as it came into contact with some road-side brush and eventually came to a complete stop without ever contacting a solid stationary object.

Initially, Long did not notice any injury. However, two days later, she began to feel sore. She then filed a personal injury lawsuit, seeking compensation for her injury, medical expenses, economic loss, loss of enjoyment of life, and physical and emotional pain and suffering.

Court Holds Department of Motor Vehicles Is Not Liable in Car Accident Case

December 8, 2016 | Lebowitz & Mzhen

Earlier this month, an appellate court in West Virginia issued a written opinion in a case brought by the surviving family members of a woman who was killed in a car accident. In the case, Department of Transportation v. King, the court held that the DMV was entitled to governmental immunity, reversing a lower court.

The Facts of the Case

The plaintiff was a man who lost his mother in a fatal car accident. The driver who struck and killed his mother had previously had her license suspended but had it reinstated two years later. The Department of Motor Vehicles (DMV) was responsible for reinstating the woman’s license.

The plaintiff filed a personal injury lawsuit against both the driver of the vehicle as well as the DMV. He claimed that the DMV violated a non-discretionary duty to refer the woman’s application to reinstate her license to a medical board to review if the woman was medically fit to have her license reinstated.

Court Allows Civil Claim for Injuries Sustained During DWI Arrest to Proceed

December 1, 2016 | Lebowitz & Mzhen

The burden of proof is on the state to prove guilt beyond a reasonable doubt in driving while intoxicated (DWI) cases. A defendant can challenge evidence based on the police’s conduct at the time of the arrest. If a traffic stop or search violated a defendant’s constitutional rights, the court may suppress any evidence obtained as a result. In some cases, however, a civil rights violation by an officer might not directly affect the outcome of a DWI case. Instead, a defendant must seek recourse through a civil claim. This is very different from DWI defense, but it is important to understand in cases in which, for example, police intentionally or recklessly cause an injury to a defendant. A New Jersey court recently ruled in favor of a DWI defendant’s claim for this type of alleged injury in Landa v. Twp. of Plainsboro.

Drunk Driving Laws

Although this case took place in New Jersey, DUI is not technically considered a criminal offense there, or under Maryland law, but the procedures involved are very similar to those used in Maryland criminal courts. Prosecutors initiate a case by filing charges against a defendant. They have the burden of proving guilt. The defense’s job, in large part, is to identify defects in the state’s case. A defendant may move to suppress evidence, or even to dismiss a case, prior to trial. If the defendant does not enter a plea, the case goes to trial, where the prosecution must present its case.

A civil claim for injuries takes place in the civil court system. The plaintiff has the burden of proving that the defendant is liable for whatever harm or injury they are claiming. The burden of proof is a preponderance of evidence, which is significantly less stringent than the state’s burden in a DWI case. It essentially means that the plaintiff must prove at least a 51 percent probability that the defendant is responsible.

Product Liability Plaintiffs’ Case Dismissed Based on Lack of Admissible Expert Testimony

October 24, 2016 | Lebowitz & Mzhen

Earlier this month, a federal appellate court affirmed the dismissal of a product liability case against Kia Motor Corporation (Kia), based on the fact that the plaintiff presented no admissible expert testimony to meet the required elements. In the case, Sims v. Kia Motors of America, the appellate court affirmed the lower court’s decision that the plaintiffs’ experts were unreliable, and thus their testimony was inadmissible. The court held that without the expert testimony, the plaintiffs were unable to prove their case, and it was properly dismissed.

The Facts of the Case

Sims was a backseat passenger in a 2010 Kia Soul. The driver of the Soul was involved in an accident that caused the vehicle to spin, colliding with several objects. At some point, the Soul collided with the immovable base of a “yield” sign. As the vehicle came in contact with the base of the sign, it sliced through the front bumper and pierced the gas tank. The vehicle began to leak gas.

The driver and front passenger were able to escape the car through their respective doors. However, the backseat passengers were unable to exit the vehicle because the rear doors were jammed. Shortly after the collision, the car went up in flames. Sims perished in the fire.

Accident Victim’s Bad-Faith Claim Against Insurance Company Fails Based on Legitimate Dispute of Liability and Causation

October 3, 2016 | Lebowitz & Mzhen

Earlier this month, an appellate court in Kentucky issued an interesting opinion that is of interest to anyone dealing with a difficult insurance company after a Maryland car accident. In the case, Holloway v. Direct General Insurance Company, the court determined that the plaintiff’s bad-faith claim against the insurance company, based on the company’s failure to settle her claim, must fail because the insurance company had a legitimate reason to doubt its own liability.

The Facts of the Case

Holloway, the plaintiff, was involved in an auto accident with Sykes. The accident took place in a parking lot and involved low speeds. However, each party had a different account of how the accident occurred. Holloway claimed that she suffered property damage and injuries as a result of the collision, and she sought compensation from Sykes’ insurance company, the defendant.

Holloway made property damage claims as well as personal injury claims. The parties reached a settlement regarding the property damage claims, but settlement negotiations broke down regarding the personal injury claims. Since the insurance company would not settle her personal injury claims, Holloway filed a personal injury lawsuit against the insurance company. One of the claims she made was that the insurance company acted in bad faith when it refused to settle her personal injury claim. If successful, Holloway could potentially receive compensation above and beyond her actual damages through punitive damages.

Car Manufacturer Victorious on Appeal of Alleged Breach of Implied Warranty of Merchantability

September 26, 2016 | Lebowitz & Mzhen

Earlier this month, an appellate court in Virginia issued a written opinion in a product liability case that ended up reversing a jury’s verdict in favor of the plaintiff. In the case, Holiday Motor Corp. v. Walters, the court set aside the jury’s verdict because the car manufacturer did not have a duty to customers to manufacture a soft-top convertible that could safely withstand a rollover crash.

The Facts of the Case

Walters was the owner of a 1995 Mazda Miata soft-top convertible. Back in 2006, Walters was driving the Miata on a two-lane road with the soft-top in the closed position when she saw a large object fall off the back of a pick-up truck. To avoid colliding with the large object, she veered to the left across the opposite lane of traffic and up a grassy embankment on the side of the road. As the vehicle left the road, it rolled over and ended up leaning against a tree.

A passerby stopped to offer assistance. He testified at trial that the windshield was flat against the ground, but the rear end of the car was slightly elevated. Walters ended up suffering a serious cervical spine injury and sued Mazda based on a product liability theory. Specifically, Walter argued that Mazda violated the implied warranty of merchantability in that the design of the vehicle’s soft-top was unreasonably dangerous in failing to protect against rollover crashes.

Latest Court Decision in GM Ignition Switch Saga May Benefit Some Accident Victims

August 1, 2016 | Lebowitz & Mzhen

Over the course of the last few years, General Motors has recalled over 26 million vehicles, spanning over 55 models. This series of recalls, the largest in U.S. history, covers all but three of GM’s main vehicle models. Many of the vehicles that were recalled had serious problems with the ignition switch. Indeed, it is difficult to gauge exactly how many deaths have been caused by the ignition switch problem, but by most estimates the number is well over 100.

What makes this recall extraordinary is not just the volume of vehicles recalled but also the fact that there is evidence suggesting GM knew about the dangers of the ignition switches but failed to do anything. This has led to a series of personal injury cases that, according to GM’s own estimates, will cost the company about $2.5 billion. It cost the company so much, in fact, that GM actually entered a form of bankruptcy.

According to a recent news article covering the bankruptcy, under an appellate court’s decision, accident victims’ claims against the “new” GM may be viable despite GM’s assertion that the claims dissolved along with the “old” GM. The court had to decide several important questions of law, just one of which was: what happens to the claims filed by all those people who were injured by faulty ignition switches? Should those claims be dismissed because the corporation that manufactured the vehicle is technically no longer in existence? Or should the claims be able to be asserted against the new GM corporation?

Court Reads Insurance Policy to Limit Total Recovery in Accident Involving Underinsured Motorist

May 16, 2016 | Lebowitz & Mzhen

Earlier this year, a federal court of appeals issued a written opinion interpreting the language of a contested insurance policy in favor of the insurance company, thus limiting the total amount of recovery among the three injured parties to $500,000. In the case, Trotter v. Harleysville Insurance Company, the court determined that the insurance company that carried an underinsured motorist policy for one of the victims involved in the accident was not required to pay out on the claim, since the at-fault party’s insurance policy provided the same limit.

The Facts of the Case

This case involves a single accident between two vehicles. Powers was the at-fault party, and he had an insurance policy that covered damages up to $250,000 per person or $500,000 per accident. The driver of the other car, Trotter, as well as his two passengers, Jackson and Petrie, were all injured as a result of the accident. All the injured parties filed claims against Powers’ insurance company.

The injured parties all entered into a settlement agreement with Powers’ insurance company, whereby Trotter would receive $250,000, Jackson would receive $238,000, and Petrie would receive $12,000. However, after the settlement, the parties asserted that the recovered sum failed to make them whole. So they filed a claim under Trotter’s insurance company, the defendant in the case.

Court Finds Government Immune to Design Defect Case Arising from Allegedly Dangerous Roadways

January 11, 2016 | Lebowitz & Mzhen

Earlier last month, a California court heard a case against the County of San Diego brought by an accident victim who was injured when he was struck by another motorist on a roadway he claimed was poorly designed. In the case, Hampton v. County of San Diego, the court ultimately determined that the government’s sovereign immunity was not waived, and as a result it was immune from the lawsuit.

Hampton v. County of San Diego: The Facts of the Case

The plaintiff was a man who was seriously injured when he was involved in a collision with another motorist on a rural intersection. The man filed suit against the other driver in an unrelated case, in which he admitted he could not remember if he stopped at the stop sign prior to entering the intersection. The other driver testified in that case that the plaintiff pulled out “right in front of him, leaving too little time to stop before the collision.” The Highway Patrol conducted an investigation and determined that the accident was caused by the plaintiff’s failure to stop at the stop sign.

After that lawsuit, the plaintiff filed this case against the County, claiming that it designed and maintained a dangerous roadway. Essentially, the plaintiff claimed that the design and construction of the road provided inadequate visibility of oncoming traffic due to a high embankment that was covered with vegetation.