Major Verdict Rendered in Prince George's County Car Accident Case

A Prince George's County jury has awarded a $4.1 million verdict to the estate and family of a 20 year old male killed in a December 2007 accident.

Plaintiff David Gray was driving to the University of Maryland to attend classes when his vehicle was struck by a police cruiser.  The police cruiser had crossed a double yellow line and collided with the Plaintiff's vehicle, causing the vehicle to be sent airborne across the street.  Paramedics quickly arrived to the scene and transferred the Plaintiff to the Prince George's County Hospital Center, where he subsequently died from injuries sustained in the accident.   

The Plaintiff's mother filed suit on her son's behalf against the Defendant, an off-duty police officer with the Prince George's County Police Department.  In asserting that the Defendant negligently operated his vehicle, the Plaintiff's estate alleged that the Defendant was driving at twice the 25 mile per hour speed limit, that the Defendant was text messaging while driving his vehicle, and that the Defendant was under the influence of alcohol he had consumed the night before.  The jury agreed with the Plaintiff's assertions, and awarded a total verdict of $4.1 million dollars.  Of the $4.1 million awarded, $3.6 million went to the estate of the deceased, $500,000 to the Plaintiff's mother for pain and suffering, $35,000 for past medical expenses and $5,000 for funeral expenses. 

There are a few key points worthy of mention in this case.  It is very curious that the fact that the Defendant had been drinking the night before was not discovered until he was deposed during the civil case.  The Defendant apparently was not asked by his fellow Prince George's County officers arriving on the scene whether he had consumed alcohol the previous evening.  According to the deposition, the Defendant stated that he had drank 3 to 5 Corona's the night before the accident prior to going to sleep at 3 a.m.  The accident occurred just 4 hours after he had gone to sleep, making it entirely possible that the Defendant was still under the influence at the time of the accident.  The Washington Post examined the alcohol consumption issue in this case in greater detail. 

Another interesting point is that texting was used as a means to demonstrate negligent driving.  The Plaintiff's counsel in this case actually brought in an AT&T representative to testify that there was a data transfer from the Defendant's phone at the time of the accident.  I think that the use of texting to show negligent driving in car accident cases may be something we see more and more. 

If you have been in a car, truck or motorcycle accident and believe the person that struck you was at fault, you should contact an experienced attorney.  The attorneys at Portner & Shure many years of experience representing accident victims in Maryland, Virginia and the District of Columbia.  Contact us for a free consultation. 

Truck Accidents: Protect Your Interests in the Face of Serious Injury

Truck accidents stand out from other types of automobile accidents because of the increased likelihood of fatality.  Truck accidents are generally more harmful to the parties involved than standard car accidents because of the size disparity between the vehicles and the potentially dangerous cargo commonly carried by trucks.  Currently in the U.S., one person dies every 16 minutes as the result of a truck accident.  Though truck accidents constitute just 3% of all injury accidents and 5% of all property-damage-only accidents, 8% of the vehicles in fatal accidents are large trucks.  In 2008 alone, there were 4,006 fatalities directly attributed to accidents involving large trucks.  Of these fatalities, 98% of the people killed in truck accidents are occupants of the non-truck vehicle. 

A number of factors exist that are potential causes of truck accidents.  Chief among these factors are the demanding schedules and deadlines that are imposed on many truck operators.  High demand schedules can cause the truck operator to speed or drive aggressively, to drive tired or be fatigued due to extended work shifts, or even to consume narcotics that impair the operator's ability to drive.  The amount of hours that a truck driver has operated their truck is often a relevant fact in truck accident cases, as federal law specifically restricts how many hours a truck driver may log over a fixed period of time. 

Another potential cause of a truck accident is poor maintenance or a failure to install safety equipment.  Often times, a large truck involved in a truck accident may exhibit poorly maintained or overused brakes, missing blind spot mirrors or defective safety equipment like signals, lights and warning devices. 

The overloading or failure to secure truck cargo is also a common cause of truck accidents.  Earlier this year, a Prince George's County jury awarded a substantial verdict for injuries sustained as a result of unsafe cargo loading in Diaz v. Earth Hauler Trucking.  In Diaz, a family was traveling in a minivan on I-495 behind a dump truck owned by Earth Hauler Trucking. The rear gate of the dump truck suddenly detached from the truck, causing the gate and debris held within to fall onto I-495. Although there was no actual contact between the minivan and the dump truck, the detached gate and debris struck the minivan, causing two of its tires to go flat. During impact, the Plaintiff struck his head on the roof of the vehicle and his knee on the dashboard.  The jury in this case rendered a particularly favorable verdict in the amount of $105,755.00, despite the fact that the Plaintiff was able to replace his tires and complete his drive, and that the Plaintiff waited for over a month until seeking medical treatment for his injuries.

Truck accidents are widely considered to be the most likely type of automobile accident to inflict serious injuries on the individuals involved.  Serious injuries call for serious legal representation.  The attorneys of Portner & Shure have countless years of experience representing the victims of truck accidents.  The firm is represents truck accident victims in Maryland, Virginia and Texas.  If you or a loved one has been injured or killed in a truck accident, please contact Portner & Shure. 

Dog Bite Cases and Methods of Recovery

Dog bite cases can often be very lucrative because of the potential to name multiple defendants.  In many cases where a dog owner is renting their home or apartment, successful claims can be made against both the landlord and tenant.

For example, a Baltimore City woman was recently able to obtain a verdict of over $325,000 for injuries she suffered as a result of a dog bite.  In this case, the Plaintiff was walking her dog down a public street when another dog broke free from a nearby apartment.  The loose dog then attacked the Plaintiff, causing a flesh wound that would later require 25 stitches to repair.  The Plaintiff subsequently filed suit against both the dog owner and the landlord of the dog owner's property. 

In her suit, the Plaintiff claimed that the dog owner was liable for not adequately securing his dog, and that the landlord was vicariously liable because the property being rented to the dog's owner was not sufficient to house a large dog (the dog in this case was a rottweiler).  Only the landlord presented a defense at trial, claiming that he was not liable for the actions of the dog involved in the attack.  A Baltimore City jury took just 1 hour to return a verdict against the dog owner in the amount of $175,025, and against the landlord in the amount of $150,025.  The amount rendered for the pain and suffering of the Plaintiff was not provided by the Court. 

In dog bite cases, a good attorney should be careful to identify all possible individuals or entities that could be held liable for the actions of the attacking dog.  Specifically, an attorney should focus on whether the attacking dog had escaped the control of its owner.  If the dog did break loose from its owner, an attorney should uncover initially how the dog was being restrained, how the dog was able to break free, and where the dog was able to break free from.  Further, the attorney must investigate the past history of the dog.  If the dog previously demonstrated violent tendencies, the owner is on notice that the dog would be violent, or would bite again.  The issue of notice should be given considerable attention in all dog bite cases.

The attorneys at Portner & Shure are among the most experienced in Maryland, Virginia and the District of Columbia in representing victims of dog bites.  If you, a friend or a loved one has been attacked by a dog, please contact Portner & Shure.