March 2010 Archives

Lois Farias, an 85-year-old former school crossing guard, was awarded $368,000.00 last month for injuries she sustained five years ago when a vehicle owned by the U.S. government struck her in a crosswalk while she was working as a crossing guard in Prince George's County.

Ms. Farias suffered deep tissue injury to her back, neck, knee and shoulder in the accident, for which the defendant took responsibility.  The only issue at trial was damages. The goverment contended that her pre-exisiting arthritis was to blame for her current complaints and early retirement.  Prior to trial, the government offered $125,000.00 to settle the claim.  Ultimately, U.S. Magistrate Judge Paul W. Grimm awarded Ms. Farias $22,000.00 in past medical expenses, $46,000.00 in lost wages and $300,000.00 in non-economic damages.  The Plaintiff was represented by Paul Bekman.

Our firm has received more than a few calls from prospective clients who suffered injury as a consequence of the recent and unprecedented snowfall that hit our region. We anticipated these calls and the lawyers at the firm continue to assess our ability to prevail in cases involving slips and falls on ice and snow, and motor vehicle accidents caused by the slick conditions or other naturally created or man made hazards.

Maryland law requires property owners and motor vehicle operators to act with "due diligence and care" in protecting others from harm. The question we have not had to confront in many years is what the standard of "diligence" encompasses when weather conditions are such that even a person's best efforts are not good enough to prevent harm.

We all can agree that the amount of precipitation in the area was such that even our state and local governments were overwhelmed with the burden of remediating the conditions. In Baltimore City, for example, it took more than a week for the City to open all secondary roads. For nearly two weeks, parking lanes and sidewalks were barely passable.

Reasonable care is dependant on the circumstances presented to those whose conduct is being judged. We believe in many instances that although injury may have occurred, due care would not have changed the conditions existing at the time. We encourage those injured as a result of the weather conditions and potential negligence to contact our office. We will consider all cases on the facts and will honestly and candidly offer our advice to help guide and counsel those suffering personal injury due to the recent storms.