|Kiernan Trebach Attorneys' Cherry and Kinsey-Smith Granted Defense Verdict in 20 Minutes in Transportation Case|
Kiernan Trebach LLP attorneys Ronald Cherry and Megan Kinsey-Smith received a defense verdict within twenty minutes in a jury trial in the Circuit Court for Baltimore City, Maryland. An elderly woman filed suit against a state operated mass transit administration claiming that she injured herself when a bus pulled off prematurely as she was attempting to exit. She claimed that she was on the bottom step of the rear door exit way when the bus either pulled off too soon or lurched suddenly causing her to fall off the bus into the street and into a puddle of water. She was taken by ambulance to a hospital where she was diagnosed with a broken bone on her left foot and related left leg injuries. The Plaintiff submitted medical bills after the incident in the amount of approximately $75,000, many which dealt with unrelated ailments since she had not seen a doctor in many years.
There were video cameras on the bus but the video tape was unavailable. Due to a clerical error, the investigators pulled the wrong videotape. By the time they got around to the right video it had been recorded over. Because of this the plaintiff claimed that there was spoliation. Over strenuous objection, the court gave the jury a spoliation instruction.
The jury stayed out for approximately 20 minutes before they returned with a defense verdict in favor of the state operated mass transit administration.