Articles Posted in Motorcycle Accident Case Law

Earlier this month, an appellate court in Kentucky issued a written opinion in a motorcycle accident case that illustrates a very important principle that also applies to many Maryland motorcycle accident cases. The case required the appellate court to determine if sufficient evidence existed to support the jury’s verdict in favor of the defendant. Finding that sufficient evidence did exist, the court affirmed the jury’s verdict.

Fallen TreeThe Facts of the Case

A few days after a major wind storm, the plaintiff was injured when he struck a fallen tree in the middle of the roadway. The plaintiff filed a personal injury lawsuit against the county engineer, as well as the engineer’s supervisor, arguing that they were negligent in failing to follow their duty to maintain a clear roadway.

Initially, the engineer argued that he was entitled to government immunity because he did not believe tree removal to be a part of his job. However, that issue was appealed, and it was determined that the engineer was not entitled to government immunity merely because he was unaware of his full duties. After that decision, the case was sent back to the trial court to proceed toward trial.

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Earlier this month, an appellate court issued a written opinion in a motorcycle accident case illustrating what can happen if a party fails to comply with the pre-trial discovery process. While the decision was issued by a South Carolina court, the same principles apply in Maryland motorcycle accidents.

GavelThe case arose from a motorcycle accident that the plaintiff claimed was caused by the defendant’s negligence. After the case was filed, the parties each requested discovery from the other side. In the pre-trial discovery process, a party is able to request relevant information that it believes may be in the possession of the opposing side. Once a judge approves a discovery request, the party who has the information is required to pass it. A failure to pass the ordered discovery can result in various penalties, up to and including the dismissal of the plaintiff’s claim.

In this case, the defendant requested certain income tax documents from the plaintiff. The judge granted the defendant’s request and ordered that the documents be passed by December 17, 2015. About a year after the deadline, the defendant filed a motion to compel discovery with the court. The court granted the motion and also ordered that the plaintiff pay some of the defendant’s attorney’s fees that related to the prolonged litigation over the documentation.

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