SALISBURY — Two weeks after a similar accident in southern Worcester County had a comparitively happy ending, a Wicomico County jury last week awarded a couple injured in a motor vehicle collision with a large piece of farm equipment a $1 million-plus verdict.
The Washington, D.C.-based Cochran Firm announced last week it had secured a $1,026,000 million verdict for Michael and Amanda Spence, who collided with a large piece of farm equipment that was being towed behind another vehicle and extended into the roadway near Sharptown in Wicomico County. The jury found the two defendants, John Thomas and Thomas Shockley, were negligent when they towed a farm implement that extended far into their lane of travel.
Because of glare from the light of the vehicle towing the equipment and low visibility during the sunset hours, the plaintiff alleged he was unable to see the equipment infringing into his lane of travel. The defense argued it had the right to be in the other lane due to width exemptions for farm equipment.
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37 comments:
This is very good, the dam farmers around here think they own the roads!
They do, so get over it. No Farms, No food.
the "DAM FARMERS" keep your sorry ass alive 7:19.
I think it is a matter of respect for the farmer and common sense for a driver. When I approach an oncoming piece of farm equipment I pull off the road and get out of the way.
We're a farming community first. Stupid come heres
Like the court said, when you impede that far into the OTHER lane, they should have used a vehicle in front to warn oncoming motorists. That's just common sense especially at that time of day.
Even a cheap flashing light would have helped, and the car driver might not have lost his eye.
Use your head people.
Yes 9:23, because it is so hard to see a machine the size of a trailer coming towards you. You will be the first to complain because a loaf of bread costs 10 cents more because new stupid regulations will be added to farmers. I love it when people move to this area, which is still the largest agricultural county in the state I believe, and then bitch about farms, smells, etc. The people moving here are the problem, urban sprawl. Mockingbird subdivision was built on Norris Twilley Rd about 9 years ago for example.. then you have all the people that come into Wicomico County from Delaware to work and shop that drive like maniacs.
Sadly 9:23 represents the majority in the country that have no sense of personal accountability. Everything is someone elses fault...never their own. How can you not see a farm implement? Easy...you were distracted texting. Now some hardworking farmer will suffer as a result of your stupidity amd greed. The jury that awarded this can go to hell also. Bunch of sorry ass liberals.
The piece of equipment had over twice the required lighting on it and the driver pulled into his path. This is another example of a jury using sympathy and not facts to make a decision.
7:45 Winner, winner!
11:05 PM
Evidently you and a couple others did not read the article about the courts decision. Or maybe they were wrong, and the rest of you are right.
You talk about personal responsibility but excuse others when they fail to do what is required Having 'twice' the required lighting? is no good if not placed where it could be seen.
If they felt they were right, why offer 200 grand? To avoid going to trial of course where, it would be much more because of their negligence.
And that's exactly what happened.
@9:29, oh look, another know it all with all the answers.
Yes I see there were injuries but it sounds like the driver wasn't using that eye in the first place other wise they could have seen the HUGE piece of equipment and avoided it. How fast were they going in the first place? If they supposedly could not see the equipment, why would a wide load sign have mattered?
Its a shame the settlement was so high, the scummy lawyers will see most of that.
I was behind a harvester today with ita flashers on only, self propelled. No way to get around him, I just settled in; heck, it's harvest season and today's an excellent day for it. Some behind me took another route, opposing traffic pulled into driveways or off to the side away from opposing mailboxes and signs or trees. Everybody got this easily. There was no confusion. And, tonight, I sit here typing because I know it's harvest season and that the farmers team up to get it done, and I'll eat tonight because they were out there today. I'm also able to type this because, yes, I used my eyes today to see a vehicle the size of a house driving down the road and amazingly was able to avoid hitting it.
I must be special...
November 30, 2013 at 10:40 AM
Actually it's 926 not 929 so you must not use your eye either right?
The article I read said there was too much glare off the machine for anyone to see it, that's why a vehicle ahead of the towing should have been used.
I don't know why you try to insult me either. I most certainly do not know it all, BUT I do know what I read. I guess that's more than you and maybe some others.
If the injured person was speeding, or any other action that could have been used against him as part of his fault for what happened, don't you think that would have brought up and paraded before the jury? Oh, that's right, you DON'T think.
I'm curious to know, how much do YOU think a persons' eye is worth?
Can someone tell me why the farm equipment doesn't have to be tagged like the rest of us that use the roadway. I do appreciate the farmers, I have lived here all my life but it is very frustrating when they are on the road holding up alot of traffic and think they own the road. There are times they could pull over so traffic can get by but don't! And Pete Richardson you should be ashamed of that comment you made in the original post. There were alot of folks on the jury that heard the entire case and made that decision so I have to believe there was enough evidence to justify the findings and the award. I do not know any of the people involved but I trust in our justice system.
When you go to work in the morning look in the fields, who do you see ? FARMERS. When you come home from work that night look in the fields, who do you see ? FARMERS. When your on that week end drive with the family going to the beach or your favorite outing look in the fields, who do you see ? FARMERS. Thank You to all our FARMERS, from a non farmer who appreciates what they do !
Everybody appreciates farmers, especially around here. This is a farming community. That does not go to say that they should not be cautious and use common sense, which I believe most of them do. Farmers are not stupid, or they wouldn't be in business very long.
This event does not describe ALL farmers. It was just an unfortunate accident that could have been prevented. And by this judgement hopefully most will sit up and take notice and do what is REQUIRED to ensure safety and productivity.
Farm equipment do not have normal tags because they are farm related, and none are required. Same as exceptions for weight, length and width regs. I don't have a problem with that. I'm sure they have enough regs they have to follow, just like everyone else.
We need more farmers, not less. I, for one, am not condemning these farmers. Most of us have to stop and move over for farmers at times when they move from field to field. And then we give them a friendly wave when we pass them.
This should just be a reminder to be careful, be courteous and share the road. Especially when you have such a large vehicle blocking two lanes.
All that said, traffic, be patient. Farmers, keep growing my food.
"the "DAM FARMERS" keep your sorry ass alive"
how? by growing corn for ethanol or beans for chicken feed and soy products. Ethanol is way over priced inefficient and destroys engines....all while they get rich...
Damn the farmers is right!
3:25 so what if they are "farm related". They are still on the road using the same roads everyone else used and should pay for tags etc and be just as accountable as anyone. Don't start with the poor farmer just look at their equipment and tell me they aren't making big bucks!
I'm not a farmer but I have worked on a farm in my youth, and it's damn hard work.
Some of you are really outrageous with your complaints about tags, and laughably, them making big bucks.
By your statement about, what I assume is the value of the farm equipment, farm equipment is very expensive. But I doubt much of it is paid for. They have to get loans and make payments just like everyone else.
The same with these hundred thousand plus trucks you see go up and down the highway. Except for very large companies, very few, if any, owner operators have the cash on hand to buy one much less a fleet.
The same is true for farmers.
As far as the tags, every state in the union as far as I know make allowances and exceptions for farm vehicles.
If you have a problem with that, you have to contact your state legislature. If they didn't allow these exceptions, expect your food prices to go even higher.
Very rarely do I see farm equipment on a major road. Usually they stick to back roads, as that's where their fields are usually situated.
Keep trying to bite the hands that FEED YOU. You may get more than you bargained for.
@ 611,
So I got one number wrong, is that really all you have? Oh that's right, there's your petty insults directed towards me yet you had a hissy fit when they are directed at you.
They may have been speeding, do you honestly believe the courts and police get it right every time? Lawyers get paid to win, not win honestly, just take a look at the firm that represented them.
8:45 PM
Did you make the comment about the driver not using his eye did you not? Same applies to you. No I do not believe the courts nor especially the police get it right every time. But it's obvious to those that can think they got it right this time.
What you and others neglect to realize is that this was a WICOMICO COUNTY jury that rendered this verdict.
And since the pairs' peers were supposed to be the ones judging them, I can safety assume THEY got it right also. I would even bet money there was a farmer in that jury or at the very least, someone who knows or is related to a farmer.
You can argue with yourself all day if you like, it will not change my opinion. If you could, maybe YOU should be the appeal lawyer since you seem prejudice against them too.
The facts speak for themselves. Maybe you are one of the knuckleheads that were involved and that's is why you are so obstinate.
I do not know or care. You have failed to offer up any facts or evidence to support your claims, it is pointless to continue to engage you.
The jury rewarded the people , our system did the right thing.
I will also add that farmers should be required to move their equipment when it is NO traffic on the road , with a police escort and other flashing lights.
I don't eat their food , and either do any of you idiots , maybe live stock.
4:31 AM
You have about as much sense as you do grammar skills.
@9:02, fine by me seeing as the majority of your argument is based on personal attacks. Where are YOUR facts? Oh right, you didn't present any.
@4:31, Oh, you you have never eaten beef or chicken? That's what that grains going to feed. Looks like you're the idiot here.
Let me see what does live stock eat um um um corn. So 4:31 you don't eat sugarcorn stringbeans tomatoes watermelon cantaloupe butterbeans squash peas and the list goes on. So 4:31 you want to rethink that?
Yep, I'm getting rich. You all bet hurry over to Atlantic Tractor and get a tractor, sprayer, turbo till, planter, sidedress rig, and a couple of trucks before everyone else learn of this and buys them out. That will only set you back about $400k as fortunately you can have your crop custom combined for $30 per acre. Oh, you'll need some land too; It'll take least 500 acres to make a decent living raising grain. You'll probably want a couple of chicken houses to make some income in the off season ($600k) plus $30K for regulatory compliance and a $30K manure shed so you don't get sued by the Waterkeepers.
Don't forget to apply for a CAFO permit, get your truck drivers license, submit your yearly medical card, get your IFTA sticker for DOT compliance, pass the test for a pesticide applicators license, hire a consultant to write you nutrient management plan, and get your nutrient applicators training/license. Then be sure to report every ounce of pesticide you apply and the weather conditions to one agency, every nutrient to another agency, and each crop you plant to the FSA.
Also make sure you've got all of records in place for the random spot inspections from MDA nutrient section, MDA pesticide section, MDE CAFO inspection, DOT safety inspections, IFTA fuel tax inspection, NRCS inspection, Department of Labor inspection and I'm sure there a couple more.
You might want to be prepared to pay for tags for each of the 12 pieces of farm equipment you own as 6:04 suggests (FYI tags for my equipment trailer are over $300 per year).
I'm certainly living the high life, but it is a free country and you can do it too!
If beans and corn is all you see in the fields you should not be driving at all, you are as blind as a bat.
Just look at the payments on that equipment, you want to make the payments for them? They are on the road maybe, at the most 2 months out of the year. Not every farmer has that big equipment that is why they team up, work together, help each other out during the harvest. And so what if some of them do make "big bucks", get off your lazy ass and work the hours, days, weather they work and you too MIGHT make the "big bucks".
You don't eat their food? Who's food do you eat? I know, you eat the food that comes from the grocery store. They don't have to grow it or have it grown, it just magically appears. Look up dumb ass in the dictionary you will see yourself looking back at you.
Anonymous Anonymous said...
@9:02, fine by me seeing as the majority of your argument is based on personal attacks. Where are YOUR facts? Oh right, you didn't present any.
December 2, 2013 at 7:20 AM
For the last time moe, my facts come from the article and internet searches. Any personal attacks are in your head, alone.
Oops, is that an attack? Naw, just an observation.
8:43 AM
I'm glad a farmer finally spoke up. I was getting out numbered trying to defend you guys. lol
8:58 I'm not a farmer but your statement is well said. If the jury was full of people like this (Obamanites)the verdict is more understandable. The low life lawyers will use them to obtain unjust compensation for idiots who derserve nothing. Reminds me of all the people who get big jury rewards for their bad backs from a bus wreck only to find later from a survallience camera they jumped on the bus after the wreck.
@10:52, awe you just cant get enough of me can you? What happened to being done? Cant help yourself?
I still don't see any so called facts. Also, random internet searches don't count as fact, keep on dreaming.
"I can safety assume THEY got it right also. I would even bet money there was a farmer in that jury or at the very least, someone who knows or is related to a farmer."
No facts there, looks like guesswork to me!
Anonymous Anonymous said...
8:58 I'm not a farmer but your statement is well said. If the jury was full of people like this (Obamanites)the verdict is more understandable. The low life lawyers will use them to obtain unjust compensation for idiots who derserve nothing. Reminds me of all the people who get big jury rewards for their bad backs from a bus wreck only to find later from a survallience camera they jumped on the bus after the wreck.
December 2, 2013 at 11:23 AM
I can't find an 858.
Dear 1:28 Try looking above, December 2,2013 at 8:58 AM
Puzzles can be tricky.
Anonymous Anonymous said...
Dear 1:28 Try looking above, December 2,2013 at 8:58 AM
Puzzles can be tricky.
December 2, 2013 at 4:41 PM
Yes, I saw that one. But it in no way is related to anything 1123am said, that I can tell. Would you care to explain it to a lesser human than yourself please?
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