Goodell DeVries won a favorable ruling on behalf of a trucking company and one of its drivers in a negligence suit filed in Carroll County (Maryland) District Court. Ryan Cullen defended the trucking company and driver at trial against the plaintiff’s allegations that the driver negligently backed his tractor trailer into the plaintiff’s passenger side mirror. The plaintiff alleged that as a result of the minor mirror scraping, his left shoulder impacted the driver side window, tearing his left rotator cuff. The plaintiff sought the full jurisdictional limit of $30,000 in damages.
Witness testimony failed to establish that the plaintiff’s truck was jolted or thrown around as the plaintiff alleged happened causing his injuries. Further, the plaintiff’s medical providers did not opine that the torn rotator cuff was the result of this mirror scraping. Mr. Cullen argued that the plaintiff had not established proximate cause between the minor mirror scraping and the injuries alleged. The District Court Judge agreed and ruled in favor of the trucking company and driver.