| 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. |
