Earlier this month, an appellate court in California issued a written opinion in a case brought by a woman injured in a bus accident against the bus line. In the case, Gee v. Greyhound Lines, the court determined that a procedural mistake made by the plaintiff’s attorney was excusable and that the trial judge did not err when he allowed the plaintiff to remedy the mistake and proceed with the lawsuit.
The Facts of the Case
The plaintiff was a passenger who was injured on a Greyhound bus after the bus was involved in a crash. According to the court’s opinion, the bus struck two cars and then crashed into a tree. The plaintiff filed a personal injury lawsuit against the bus line, claiming that the bus driver was “driving at an excessive rate of speed” immediately prior to the collision.
Initially, the plaintiff filed the lawsuit in Sacramento County. However, the defendant successfully petitioned the court to transfer the case to Fresno County. As a result of the transfer, the plaintiff’s attorney was responsible to pay an additional filing fee.
The plaintiff’s attorney failed to pay the filing fee, and the defendant asked the court to dismiss the case. The case was dismissed. The plaintiff’s attorney then paid the filing fee and asked the court for relief, based on the fact that the error was the attorney’s and that his client was not at fault for failing to pay the filing fee. The court agreed and allowed the plaintiff’s case to continue toward trial.
The defendant appealed to a higher court, urging the court to hold that the plaintiff did not make the requisite showing to grant relief. However, the appellate court upheld the lower court’s decision, allowing the plaintiff to pursue her claims against the defendant.
The Importance of an Experienced Attorney
As the case discussed above illustrates, having a dedicated and experienced attorney handle a personal injury case is very important. An attorney’s failure to follow even the most trivial rule or regulation can result in months of delay and may potentially result in the dismissal of an otherwise meritorious case. Often, different types of cases and claims have various procedural rules that must be followed, and an attorney’s ignorance of the rules will not always be a valid reason for reinstating a plaintiff’s right to seek recovery.
Have You Been Involved in a Maryland Bus Accident?
If you or a loved one has recently been involved in any kind of Maryland bus accident, you may be entitled to monetary compensation. The skilled personal injury lawyers at Lebowitz & Mzhen Personal Injury Lawyers have decades of experience handling bus accident cases in Maryland, Virginia, and Washington, D.C. Call 410-654-3600 today to set up a free consultation to discuss your case with an attorney who is able to assist you in seeking the compensation you deserve.
More Blog Posts:
Plaintiff Alleging Shuttle Bus Injury Allowed to Proceed Toward Trial Against Owner Based on Actions of Third Parties, Maryland Trucking Accident Lawyer Blog, published November 3, 2016.
School Bus Accident Kills Six Children, Driver Arrested on Vehicular Homicide Charges, Maryland Trucking Accident Lawyer Blog, published December 5, 2016.