Legal Question in Civil Litigation in Maryland

i have pending civil litigation in District Court (small claims) vs a cabdriver and a taxicab company.

My main question is how would i go about getting the case moved to Circuit Court (or whatever the heck is NOT small claims). i was NOT seriously injured PHYSICALLY. However, given the particulars (the driver's malicious intent and gross negligence--a witness saw him run a red light with the passenger door WIDE open. the malicious intent is as easily established) of the case, i feel that this is very near 6 figure territory (given the numerous insults added to the injury).

Secondarily, what effect on the civil litigation would it have if i sought criminal charges against the cabdriver? Emphatically, i would not do so simply to bump the value of a civil suit--it is my firm belief that such should have already occurred. That no one has mentioned as much is minorly insulting, but a major problem otherwise (vehicular assault--which is what i described to the police officer and my attorney--is a crime, aint it????).

3/09 is the date of the incident.


Asked on 5/26/10, 10:42 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Since you chose to sue in small claims court your maximum recovery there is $5000. It sounds like you have little in the way of medical bills, which is an important factor in determining the worth of your claim. Other factors include the loss of income from any time you missed from work due to physical injuries, and the length of time it took you to recover from those injuries. You would be wasting your time trying to bring criminal charges--the accident investigator at the scene would have determined whether to file any criminal charges or issue any traffic citations. Also, you are incorrect in thinking that you will be able to "easily establish" that the driver acted with malicious intent. He may have been grossly negligent if he indeed drove with the passenger door open, but it was the running of the light that caused the accident, not the fact that the door was open.

Being upset or insulted over how you feel you were treated either by the other party or the police after an accident is not a factor in your loss and will not be considered by the judge. It sounds like your attorney knew the proper forum for your case.

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Answered on 5/27/10, 6:33 am


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