Family of John Short Files Suit Against Underage Impaired Driver Who Forced His Tractor Trailer Off The Chesapeake Bay Bridge
Suit Highlights Use of Alcohol by 19 Year Old Student
Deterring Underage Drinking is Central to MADD’s Mission
Centreville, M.D. (June 16, 2009) The family of John R. Short, Sr. whose tractor trailer was struck and caused to plunge off the Chesapeake Bay Bridge into the waters of the Chesapeake Bay where he drowned has filed a Seven Million ($7,000,000.00) Dollar lawsuit today in the Circuit Court for Queen Anne’s County against Candy Lynn Baldwin, the 19 year old underage drinker who killed Mr. Short on August 10, 2008. In doing so the family seeks to establish the role that Candy Baldwin’s drinking and driving the night before and the morning of the crash played in the death of their beloved husband and father. No charges for manslaughter or homicide on account of alcohol impairment were filed against Ms. Baldwin because no breath or blood test legally admissible for criminal evidentiary purposes was requested of Ms. Baldwin until 6 ½ hours after the crash. At that time the result showed Candy Baldwin had consumed alcohol but not enough to show impairment at the time of the test. She was cited for underage drinking which is illegal for anyone under the age of 21 in Maryland.
In its Mission Statement, Mothers Against Drunk Drinking (MADD) has listed the prevention of underage drinking as one of its three top priorities to reduce alcohol related fatalities. Caroline Cash, Executive Director of MADD Maryland and Delaware indicated, “When young impaired drivers with little experience driving or drinking get behind the wheel it makes for a potentially explosive result. This tragic case is one more example where making poor choices can lead to a lifetime of grief for an innocent person’s family.”
The family is represented by Azrael, Gann & Franz, LLP a Baltimore law firm known for its work advocating for victims’ rights. Keith S. Franz, lead counsel for the Short family states, “Justice has not been served in this case. Candy Baldwin mailed in $470.00 for traffic tickets she received and is still permitted to drive. She never had to appear in court to face any criminal charges or be confronted about her activities that led to John Short’s death. The Short family never had an opportunity to express to the court the severe impact that John’s death has caused their family. This family deserves answers and accountability and with this civil suit that is what they will now get.”
The crash occurred 3:48 a.m. on a Sunday morning during the August rush of vehicles over the Bay Bridge to and from Ocean City and other Eastern Shore locations while the “westbound” span of the Bridge was closed for maintenance. The “eastbound” 2-lane span was in two-way or contraflow operation when Candy Baldwin crossed the center line directly into the path of the fully loaded tractor trailer owned by Mountaire Farms and operated by John Short. In an effort to deter a head-on collision, Mr. Short quickly veered his vehicle against the right parapet wall (commonly referred to as a Jersey wall) and succeeded in avoiding a head-on crash that would have likely caused the death of Candy Baldwin and her 22 year old passenger and cousin, Trisha Carrigan of Quincy, California. Rather, their sports car crashed into the front left tire of Mr. Short’s rig and again impacted at the third axle, bursting both tires and crushing the wheel causing the tractor trailer into an uncontrolled left turn. Consequently, the truck careened off the right parapet and ran up the left parapet wall approximately 100 feet until it reached a section that failed to remain attached to the Bridge plunging the truck with John Short inside the cab into the waters of the Chesapeake Bay approximately 30 feet below. Mr. Short was not killed by the crash on the bridge or the impact with the water, but rather by drowning. When his cab submerged he was able to remove his seat belt but was unable to extricate himself before he drowned.
About Azrael, Gann & Franz, LLP
Azrael, Gann & Franz, LLP devotes its practice to the area of victims’ rights representation with a concentration in complex personal injury litigation, including drunk driving fatalities and other traumatic death cases. The firm has represented victims in many high-profile civil cases throughout Maryland and throughout the country including Federal Court multi-district complex litigation arising from aviation disasters. Most recently the firm acted as a member of the Plaintiffs’ Executive Committee for the national September 11 Litigation in U. S. District Court in New York where it achieved historic settlements for its clients. The firm’s efforts have helped expand Maryland’s Wrongful Death Statute. Members of the firm provide substantial pro bono assistance to victims’ advocacy groups including Mothers Against Drunk Driving (MADD), the Maryland Crime Victim Resource Center, Bereaved Parents of the U.S.A. and the National Center for Victims of Crime. Keith Franz and Judson Lipowitz, partners of the Firm, are regarded as leading legal authorities on victims’ rights and lecture frequently on the subject throughout the region.
28 comments:
Good work Joe. You beat everyone to this big story.
Now watch other Bloggers copy it and steal it. That's OK though, they're not respected by the MSM or those who feed these stories to them.
I don’t understand why this is a big story. It should be a private matter. This driver of the truck was under workers comp so they did not get much. I can't say I blame the family for getting something for the loss.
Could this have been as simple as an accident? Bad things happen and not everything has to be blamed or charged onto another person.
6 1/2 hours later and she still had alcohol in her system? She is lucky they didn't get to her sooner, she probably was legally impaired. Sounds like the police dropped the ball somehow.
7 million from a 19 year old chick? LOL seriously? Well maybe sho will ask Obama for a bail out
To 4:58: it was no accident that she chose to illegally consume alcohol and then drive. It was an accident that while impaired she caused the death of an innocent person who died a horrible death.
Anon 5:55
7 million isn't the point. I know the widow personally and she doesn't give a darn about the money. She knows she won't get anything out of her. The point is her taking responsibility for what she did. She got lucky and got a slap on the wrist from the cops.
MA
maybe they should plunge her off the bridge in her car and leave her to drown?
The lawyers went to the family and said..."we'll sue for you and give you a cut" typical ambulance chasers. The family could use the money they're not going to turn it down.
6:46 You need climb back under the rock you climbed out of.
Other motorists had called 911 and reported the teenagers suspected drunk driving, but the MSP did nothing! They should be named in the suit as well. This is a tragedy for everyone involved, but I can't help but point out that immediately after the accident, the main stream media had already tried and convicted the truck driver! I guarantee you that had he lived, they would have instantly tested him for drugs AND alcohol. It is completely ridiculous that the girl barely got a slap on the wrist after causing this tragic accident.
that is a shame. i think the 19 y.o. should've had some type of a punishment. she was drinking and driving at almost 4a.m. how do u call that just an accident?
She wasn't even given an infraction for dwi or underage drinking. On the MD Judiciary Case Website, she was only given fines for violating liscense restriction ($60), failure to drive vehicle of right half of roadway ($130), and negligent driving ($280). It is sad for both parties, but who is accountable? I admit, I think 7 mil is a bit much, but one main problem with society today is no accountability.
A Civil Court victory for the Shorts is a given, when you consider that unlike Criminal Courts,they are not compelled to prove she was intoxicated.(forensics,etc.)
You always sue for more than you expect to get. She has the rest of her life to pay it off, when she coul've had major jail time. I would look to sue the State as well as it was discovered afterwards that the jersey walls all needed emergency repairs to strengthen them. If the wall holds up, maybe he doesn't go over.
i would sue for twice what i was advised. just left a wedding. deeeeeeeerunk!!! she is ACCOUNTABLE!!!! who killed this man? HER NEGLIGENCE!!!! ohhh cry me a river. she was tired...ohhh she is young...ladadateeedah!!! r u fn KIDDING ME????? it is no different than a suscide bomb that kills your BEST FRIEND!!! such a shame. if it were my child, THEY WOULD STAND ACCUSED AND TAKE THE PUNISHMENT AND BECOME BETTER PEOPLE BECAUSE OF IT. God be with the Family of the DECEASED. AND LET'S NOT FORGET IT.
An accident is if a wheel falls of and you can'y control the vehicle.
Driving impaired and steering your car into another lane is not an accident.
I pray for the family of the deceased and this young women.
We will be held accountable for our actions, and she will be writing small checks to this family for a long time.
Please don't pass judgement on anyone. That's for God to do.
I don't think the family should be able to sue for 7 million dollars... how the hell is money going to bring back your loved one? It was an accident. Yes she shouldn't have been drinking and driving but do you really think
she said oh I think ill go kill someone this morning... um NO! she should pay for it somehow but come on 7 million dollars? she will have to file for Bankruptcy at 19 years old! all because the family wants some money.. I'm sorry but money doesn't solve anything!! So if it makes you feel better to take 7 million dollars from a young girl whatever but its wrong
WOW, people, the money is not the point of the suit. The point is to keep people talking, to show how bad drinking and driving is, to teach others from this kids actions so it won't happen again. AND LOOK ITS WORKING---all of us are talking about it !!!!
This may sound crass to some of you.
Had John Short not been so aggressive at trying to avoid colliding with Candy Baldwin he would still be alive today.
A head on collision between a fully loaded 18 wheeler and a passenger car is akin to a locomotive hitting a passenger car at a grade crossing. The winner is always the locomotive.
Sand Box John
9:09
Mrs. Short could careless about that money. The point is for Candy to take some responsibility for her actions of that night. John would have been given an alcohol test immediately had he survived, but she wasn't tested until 6 1/2 hours later. That is total BS. She is alive because of John and his actions. She should be thanking the Short family and God for that fact he was a good honorable Christian man that risked his life for hers.
If money isn't the point then they shouldn't be suing for money, they should be suing for her to teach classes, volunteer at MADD programs. Those things are going to teach her a lesson. I can't imagine what she is feeling right now knowing what she has done. By no means am I sticking up for her though, what she did was wrong. But I agree 7 million is extreme. If they want her to suffer the consequence make her write a check every day for $1 to the family. Make her think about what she did everyday. Make her teach classes at high school, colleges. But sueing for 7 million dollars isn't going to teach her anything. Money isn't going to bring Mr. Short back. Would you rather see her help other people and teach them about the affects or in debt so she can live off the state for the rest of her life while you and me pay for her???
7:44 is right- people automatically assumed that it was the fault of the truck driver, and had he survived, he would have been the focus of the investigation- because people want to assume that truck drivers are negligent, aggressive, etc. He would have been immediately tested for alcohol and drugs, and there would have been questions about his level of exhaustion.
This isn't about the money, I don't think. But at the same time, this young lady got off scott free, and she's not an innocent. You can say that it is wrong for them to sue for such a high amount-what is wrong is that she got into the car, at a young and inexperienced driving age, VERY late at night, after having some drinks- and it cost an innocent man his life.
I'm usually against lawsuits for things like this- but in this situation, this girl's negligence caused a family to lose a loved one.
11:03
That's what she originally wanted if the case had gone to criminal court, but it didn't. I am no lawyer, but I'm not sure that is something you can request in civil court.
other than the remorse and small fines because someone screwed up,how is she being held accountable for killing a man? Justice should have prevailed, but once again, it has let us all down.
getting drunk $45
killing a truck driver $470
getting away with murder prieless
Please understand the family is not sueing Candy, rather her insurance company. It is not about the money, rather the loss of life of a husband, father, friend, ect. This is protocol in accidents like this one, where a life is lost. Regardless of her age, she was drunk and took a life. I don't think anyone should be able to judge their decision to sue because they have not been in the same situation. The $7 million is the starting point, normally, the first number is not what is agreed upon in the end. Regardless, the Short Family should get what is due to them...as well as the driver, Candy. Jail time doesn't seem sufficient. Maybe she should be sent around the US to talk about what she did to young kids. Like a deterrance for them.
Post a Comment