Timothy S. Carey

Timothy Carey (Associate-Baltimore) secured a defense verdict for a transportation company client contracted with Baltimore City to provide accessible transportation “door to door” for individuals with disabilities. A bus operated by the insured’s employee was stopped in a “no stopping” zone to pick up a passenger using a wheelchair when the bus was rear-ended by a co-defendant that filed a third-party complaint against the insured alleging that the proximate cause of the accident was the bus being illegally parked. The plaintiff passenger amended her complaint to name the insured and raised the same claim. The case had been pending for more than two years when the file was transferred to our office, and the client decided to move forward with the trial date a month away. At the bench trial, Tim made motions for judgment at the close of the plaintiff’s and the co-defendant’s cases, arguing that the co-defendant’s assertion the bus could not pick up passengers in a no-stopping zone was inapplicable under Maryland law and Baltimore City ordinances and in contravention of the Americans with Disabilities Act. The Baltimore District Court Judge entered a defense verdict at the close of arguments on both motions, finding that neither party carried their burden of proof by a preponderance of the evidence and that the co-defendant’s negligence was the sole and proximate cause of the accident.