In every state, there is a stretch of the highway or an intersection where car accidents commonly occur. We certainly have them in Maryland.
A group of folks got together (let’s be honest, a creative car accident lawyer got them together) and filed a class action lawsuit against the Missouri Highways and Transportation Commission. The lawsuit claimed that a particular stretch of highway on Interstate 44 was dangerous and the state should have done something to make the road safer.
The trial judge certified a class action finding that there were common questions of fact as to whether the pavement surface lacked proper skid resistance and was otherwise dangerous.
The Southern District Court of Appeals disagreed, finding that there are simply too many crosswinds that vary from accident to accident and, accordingly, each car accident case should be treated separately.
I have to admit, I agree with the appellate court, but I admire the creativity of the plaintiffs’ car accident lawyer in this case.
You can read more about the case here.