I was in Florida after Christmas and completely missed the Maryland Court of Special Appeals opinion in Ayala v. Lee, a truck collision case in Anne Arundel County where the plaintiffs were two undocumented aliens who were rear ended near Annapolis.
After crossing the Bay Bridge, the driver of the plaintiffs’ vehicle stopped the truck and pulled clearly onto the shoulder on Route 50 to fix a problem with the windshield. They put half the vehicle in the grass, off the shoulder. The driver also activated the emergency flashers. In other words, they were doing exactly what they should have done under the circumstances. After getting the wipers fixed, their truck was rear-ended by another truck. The driver who was with the Plaintiffs was killed and the Plaintiffs themselves were badly injured.
This is a slam dunk on liability, right? Somehow it goes to the jury on the question of liability. Continue reading →