Earlier this month, an appellate court issued a written opinion in a truck accident case raising an interesting issue that occasionally comes up in Maryland truck accident cases. Specifically, the court had to discuss whether it was an error for the lower court to refuse to instruct the jury on the plaintiff’s duty to mitigate damages. Ultimately, the court concluded that the trial court was acting within its discretion when it refused to give the requested jury instruction.
A truck driver was involved in an accident when he rear-ended another truck that was traveling 15-18 miles per hour on the highway. After the collision, the man’s truck caught on fire. The man’s son happened to be passing by and recognized his father’s truck. The son attempted to rescue his father but was unable to do so. He was seriously burned as a result of his rescue efforts.
Later, the son told other members of his family about his father’s death. As may be suspected, the deceased driver’s wife suffered serious emotional distress as a result of hearing the news and had to be hospitalized. She was unable to return to work due to the severity of her depression.