After a six day trial and ten hour jury deliberation, F&P attorneys Imoh Akpan and Renee Bowen recently secured a defense verdict in the United States District Court for the District of Maryland in the case of Gardner v. Demby. The case arose out of a motor vehicle accident involving a commercial vehicle and involved significant injuries to the Plaintiff, Robert Glad (“Plaintiff”), including a fractured hip, neck and back injuries, and traumatic brain injury.
The facts of the accident are as follows: on a clear afternoon in April of 2013, Plaintiff was driving his vehicle on Route 301 in Maryland with a passenger in the front passenger seat. At the same time, a dump truck, operated by the Defendant, Markeith Doron Demby (“Defendant”) was driving in the same direction after making a “J” turn in a designated turn-around area of the highway. After Defendant had made his turn and was traveling in the same direction as the Plaintiff, the Plaintiff struck the Defendant’s vehicle in the rear while traveling at 62 mph.
At trial, there was no dispute as to the Plaintiff’s injuries; liability was the only issue. Plaintiff alleged that Defendant had made an improper “J” turn, violating Plaintiff’s right of way and causing the accident. Through the effective and strategic presentation of evidence, Defendants were able to show that Plaintiff had sufficient time to see Defendant’s vehicle and react, had failed to apply his brakes or take any evasive action, and argued that Plaintiff had fallen asleep behind the wheel, thus causing the accident.
Ultimately, while the jury found the Defendant negligent, the jury also found Plaintiff negligent. The jury therefore issued a defense verdict in favor of Defendant and no damages were awarded.