Perry v. Asphalt & Concrete Servs., Inc.Annotate this Case
Moran Perry was injured when he was struck by a dump truck operated by William Johnson and owned by Higher Power Trucking, LLC. Asphalt Concrete Services, Inc. (ACS) had hired High Power to perform services at the time of the accident. Perry filed suit against Higher Power, Johnson, and ACS, alleging negligence and negligent hiring. ACS sought to exclude evidence that Johnson had a suspended license and that the truck was uninsured at the time of the accident. The circuit court allowed into evidence witness testimony regarding Johnson’s lack of liability insurance coverage at the time of the accident. The jury returned a verdict in favor of Perry. The Court of Special Appeals reversed, concluding that the circuit court erred in admitting evidence of Johnson’s lack of insurance. The Court of Appeals affirmed, holding that the circuit court’s admission into evidence of irrelevant evidence of lack of insurance was error, and the admission of this evidence prejudiced the jury’s verdict. Remanded for a new trial.