Legal Question in Personal Injury in Pennsylvania

on september 1, 2005 there was collision between a dump truck and an automobile at an intersection in southern Maryland. The dump truck traveled another 110 feet after the collision before hitting an ATT telephone booth at the corner of a hardware store parking lot. The booth was located within the right of way for the adjoining roadway. Jessica Simpleton was making a long distance collect call to Dallas, Texas in the booth when the truck hit the booth and she was severely Injured. A Maryland State Department of Transportation regulation provided that: Telephone pay station booths are not permitted to be highway right of way, except in rest areas or truck weight station. Will Simpleton win if she sues ATT under negligence per se? Assume that it can be proven without dispute that the regulation was only intended to protect motorists who might stray off the highway from colliding with phone booths? Would Simpleton also win under that scenario?

Asked on 10/16/09, 9:26 pm

2 Answers from Attorneys

Greg Artim Morrow & Artim, P.C.

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Under your fact scenario, there is a real problem. If this occurred in 2005, you likely have a statute of limitations problem. Your question is better directed to a Maryland attorney, I have no idea why you posted here, or why the question made it to a PA attorney. It is my understanding that Maryland has a 3 year statute of limitations on injury cases, though again I am not a Maryland attorney and I don't know if that is correct. If it is a 3 year statute, and if Ms. Simpleton has not filed yet, then she will be time barred from bringing suit. Consult a Maryland attorney to discuss statute of limitations on an injury case in Maryland.

Answered on 10/21/09, 9:49 pm

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