 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Maryland Casualty Co. v. Lorkovic6/1/1994
e evidence back to the plaintiff." Grier v. Rosenberg, 213 Md. 248, 254-55, 131 A.2d 737 (1957). In the latter circumstances, the defendant may be entitled to a judgment as a matter of law if the plaintiff does not produce sufficient evidence in reply and the record does not already tend to contradict defendant's evidence. If the case falls in
between these two categories, the issue should be submitted to the jury. Id. at 255.
The evidence establishes that Lorkovic was suffering from sleep deprivation and intoxication when he began his drive home from the airport. In addition, Lorkovic's testimony established that he fell asleep at the wheel. Lorkovic surmises, therefore, that his sleep deprivation during his business trip was a proximate cause of his injuries. Appellants' evidence regarding Lorkovic's physical and mental abilities in his intoxicated state rebut Lorkovic's allegations of causation, but is not so conclusive to warrant a judgment as a matter of law. Based on appellants' evidence, a reasonable jury could find that Lorkovic fell asleep at the wheel solely based on his intoxicated state, i.e., had Lorkovic not been intoxicated he would not have fallen asleep at the wheel. Beatty, 330 Md. 738-39, 625 A.2d 1005; see also Gross, 332 Md. at 256 (citing cases) ("all inferences must be resolved against the moving party when determining whether a factual dispute exists, even when the underlying facts are undisputed.").
Relying on Smith v. State Roads Comm'n, 240 Md. 525, 529, 214 A.2d 792 (1965) and Zentz v. Peters & Taylor, Inc., 11 Md. App. 1, 272 A.2d 430 (1971), appellants urge this court to find, as a matter of law, that intoxication was the sole cause of Lorkovic's injuries. We decline to do so.
The case law relied upon by appellants is easily distinguishable. In Smith, 240 Md. at 529 (1965), the issue for review was "whether or not the trial judge was clearly erroneous in concluding the death of Smith resulted solely from his intoxication ...." Smith, an employee of the State Roads Commission, struck a telephone pole at 8:00 p.m. on his way home from work and was fatally injured. The next morning an examination was made that revealed Smith had a blood alcohol concentration of "0.27%." The widow brought a claim for workers' compensation.
The Court noted that "the fact of intoxication, if not actually admitted, is established, for the first time in Maryland, by
evidence which is both overwhelming and unchallenged." Id. The State Roads Commission offered expert testimony on the likely effects of alcohol in this case. Additionally, there was testimony that appellant drank two glasses of beer at a tavern that afternoon and that there were six bars, saloons, or cocktail lounges on the portion of the roadway usually traveled by the employee . Id. at 530.
In contrast to this evidence, the claimant in Smith asserted that factors other than intoxication contributed to the accident: the road surface was damp, it was a dark and cloudy day, illumination was poor, it was hazy, excessive speed is indicated, the telephone pole was two feet east of the shoulder, and this was the fifth of a series of curves and some curves were double curves. It was also suggested that any number of things could have happened, such as Smith's having been blinded by on-coming lights, swerving to avoid an animal, being run off the road by an on-coming car, sneezing, or falling asleep. Id. at 530-31.
In undertaking to examine the foregoing asse
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|