Single Car Accident Opinion from Maryland Court of Special Appeals

The Maryland Court of Special Appeals decided Romero v. Brenes yesterday. This case involved a single car accident that killed both passenger and driver. A Montgomery County trial court granted the Defendant's attorney's motion for judgment at the close of the passenger's wrongful death case because the trial judge found that the evidence was insufficient to establish that the negligence of the driver was a proximate cause of the fatal crash.

Defendant's argument was essentially "hey, no one saw this accident so no one knows what happened." The majority of the Maryland Court of Special Appeals found a jury could have found that the unexplained loss of control by driver and the driver's excessive speed was the proximate cause of this fatal car accident.

Single Car Accident Opinion from Maryland Court of Special Appeals

The Maryland Court of Special Appeals decided Romero v. Brenes yesterday. This case involved a single car accident that killed both passenger and driver. A Montgomery County trial court granted the Defendant's attorney's motion for judgment at the close of the passenger's wrongful death case because the trial judge found that the evidence was insufficient to establish that the negligence of the driver was a proximate cause of the fatal crash.

Defendant's argument was essentially "hey, no one saw this accident so no one knows what happened." The majority of the Maryland Court of Special Appeals found a jury could have found that the unexplained loss of control by driver and the driver's excessive speed was the proximate cause of this fatal car accident.