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Road Injury Prevention & Litigation Journal
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Articles - January, 1997

January 1, 1998
Court Allows Negligence Suit Against Maryland Construction Contractor in Injury of State Trooper

The trial court awarded damages to a former Maryland state trooper in her negligence action against a contractor after she was struck by a car that had entered a construction site. She appealed the damage award in the Circuit Court, Baltimore County, and the contractor cross-appealed. The Court of Special Appeals of Maryland ruled that (1) the trooper could not be barred from recovering damages from the contractor, (2) the contractor was not entitled to indemnification from the supervisor and/or the inspector, (3) the trial court erred in its instructions to the jury regarding the trooper's wage-earning potential, and (4) the trooper was not entitled to punitive damages.

January 1, 1998
Washington Bicyclist's DUI Conviction Overturned

A bicyclist convicted in the Montesano Municipal Court and in the Superior Court of Grays Harbor County of driving a vehicle while under the influence of intoxicating liquor or drugs (DUI) appealed on grounds that Washington State's DUI law did not apply to a nonmotorized vehicle. The Court of Appeals of Washington, Division 2 ruled that the legislature intended the DUI law to apply only to drivers of motorized vehicles and reversed the lower court decisions.

January 1, 1998
New York Found Negligent in Failing to Install Guardrails

A driver and passenger sued the County of Steuben (County) because they suffered injuries after their car left the road and plunged down an embankment. The Supreme Court, Steuben County, New York entered a judgment on the jury verdict for the plaintiffs. The Supreme Court, Appellate Division affirmed the trial court's decision, finding that the County's duties toward constructing and maintaining safe roads included the duty to provide and maintain appropriate guardrails, and the County was negligent in its failure to install guardrails where the crash occurred.

January 1, 1998
Institute of Transportation Engineers Works to Define "Traffic Calming"

An issue known as "traffic calming" has received considerable recent discussion in the traffic engineering profession. In the July 1997 issue of the ITE Journal, James R. Hanks, international president of ITE (Institute of Transportation Engineers), noted that people often view traffic calming as little more than an effort to fix earlier mistakes made in designing street patterns. Summarized here are ITE Journal articles describing the process used to reach agreement on a definition of traffic calming and interpretations of that definition.

January 1, 1998
Traffic Calming in Australia, Canada, and Europe

Traffic calming has become an issue of international significance. It has been a focus of debate in the United States, Australia, Canada, and many European countries. This article summarizes discussions by transportation professionals from several countries describing their approach to traffic calming. The information is from the July 1997 ITE Journal.

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