Maryland’s Cap on Noneconomic Damages, Revisited

I recently read a heart breaking newspaper article on a North Carolina truck accident that drastically and irrevocably altered the life of a three year old Devon Buchanan. Devon’s grandfather, Tim Cable, described his three year old grandson as “full of life.” Cable told how he would take his grandson on trips in his truck and on ATV rides. Last summer, however, a negligent truck driver on Interstate 40 changed the nature of Devon’s relationship with his grandfather.

The truck driver, Carol Edward Jett, failed to slow for a lane closure and smashed into seven vehicles. As a result of the accident, eleven people were injured, a one year old was killed, and Devon was seriously injured. A lack of oxygen to Devon’s brain left the toddler suffering from severe brain damage. Now, Devon cannot walk and is unresponsive to his mother and to the grandfather with whom he had previously spent so much time. Since Devon cannot walk and is uncommunicative, his family must provide the child with around the clock care. As a result, Devon’s mother a father recently lost their jobs. Doctor’s are unsure whether Devon’s condition will improve, but the family remains hopeful.

Devon’s injuries, although they occurred in North Carolina, show a glaring unfairness in Maryland law. In an earlier post, we discussed how Maryland’s statutory cap on non-economic damages unfairly impacts young and severely injured victims of truck accidents. If this accident occurred in Maryland, state law would limit Devon’s right to recover meaningful damages for the total devastation of his life and the destruction of his life’s potential. The truck accident attorneys at Lebowitz & Mzhen, LLC believe that this limitation harms those most seriously injured in Maryland truck accidents.

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